Professionals

Peter L. Franklin

Direct: 505.984.2856
Main: 505.983.2020
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Fax: 505.988.8996
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Email: peter.franklin@modrall.com

Overview

Peter Franklin works with state agencies, local governments and special infrastructure financing districts, companies and developers in a wide variety of New Mexico public finance transactions, including general obligation and revenue bond transactions, formation of public improvement districts and tax increment districts, bond transactions and ongoing projects and operations, economic development and redevelopment projects, industrial revenue bond projects and 501(c)(3) transactions.  Peter also assists local governments and other public agencies in post-closing federal tax and securities law compliance.

"Clients are impressed by his strong knowledge base and by the conscientiousness with which he undertakes his work," as recently reported in Chambers USA about Peter.  In addition, he has been recognized in Best Lawyers of America® in Public Finance Law and has achieved the AV® rating in Martindale-Hubbell, the highest rating possible. 

Prior to joining Modrall Sperling, Peter served as general counsel to the New Mexico Department of Finance and Administration, as an Assistant Attorney General to Tom Udall in the Civil Division.  Peter represented redevelopment agencies, local governments and other private companies in California from 1985 to 1995.

A shareholder in the firm, Peter serves as Chair of the Public Finance Practice Group and as Managing Director of the Santa Fe office.

Education

  • University of California's Hastings College of Law, J.D., 1985
  • Colorado College, B.A. in History/Political Science, 1980

Bar Admissions

  • New Mexico 1995
  • California 1985

Practice Areas

Experience

Gross Receipts Tax Revenue Bond Transactions

  • Represented City of Las Cruces as Bond and Disclosure Counsel in the issuance of the City's $19,195,000 State-Shared Gross Receipts Tax Refunding Revenue Bonds, Series 2015
  • Represented City of Las Cruces as Bond and Disclosure Counsel in the issuance of the City's$9,500,000 Municipal Gross Receipts Tax Improvement Revenue Bonds, Series 2014A and 2014B
  • Represented City of Las Cruces as Bond and Disclosure Counsel in the issuance of the City's $10,000,000 State-Shared Gross Receipts Tax Improvement Revenue Bonds, Series 2014
  • Represented the Incorporated County of Los Alamos as Bond and Disclosure Counsel in the issuance of the County's $38,235,000 Gross Receipts Tax Refunding Revenue Bonds, Series 2013
  • Represented Miners' Colfax Medical Center as Bond Counsel in the issuance of the Medical Center's $14,645,000 Refunding and Improvement State Institution Revenue Bond, Series 2013
  • Represented Lea County as Bond Counsel in the issuance of the County's $10,000,000 Gross Receipts Tax Revenue Refunding Bonds, Series 2013

Utility Revenue Bond Transactions

  • Represented the City of Roswell as Bond and Disclosure Counsel in the issuance of the City's $9,845,000 Joint Utility Improvement and Refunding Revenue Bonds, Series 2014A and 2014B
  • Represented the City of Las Cruces as Bond and Disclosure Counsel in the issuance of the City's $10,550,000 Joint Utility Refunding and Improvement Revenue Bonds, Series 2014A and 2014B

General Obligation Bond Transactions

  • Represents Santa Fe County as Bond and Disclosure Counsel in the issuance of the County's $47,220,000 General Obligation Refunding and Improvement Bonds, Series 2015 (anticipated to close on May 26, 2015)
  • Represented Santa Fe County as Bond and Disclosure Counsel in the issuance of the County's $19,000,000 General Obligation Improvement Bonds, Series 2013
  • Represented the Artesia Special Hospital District as Bond and Disclosure Counsel in the issuance of the District's $14,500,000 General Obligation Bonds, Series 2013
  • Represented the Artesia Special Hospital District as Bond and Disclosure Counsel in the issuance of the District's $8,680,000 General Obligation Bonds, Series 2012
  • Represented Santa Fe County as Bond and Disclosure Counsel in the issuance of the County's $17,500,000 General Obligation Improvement and Refunding Bonds, Series 2011

Special District Transactions

  • Represented the Mariposa East Public Improvement District as Bond Counsel in the issuance of the District's $18,720,000 Special Levy and Taxable Revenue Bonds, Series 2014A, 2014B, 2014C and 2014D
  • Represented Taos Ski Valley, Inc. in Village, County and State proceedings for the January 2015 formation of a tax increment development district authorized to issue $44,000,000 in tax increment revenue bonds to finance road, water, wastewater and other improvements serving the revitalization of the Ski Valley
  • Represented the Cabezon Public Improvement District as Bond, Disclosure and Issuer's Counsel in the issuance of the District's $9,340,000 Special Levy Refunding Revenue Bonds, Series 2014
  • Represented Mesa del Sol, LLC as Developer's Counsel in the issuance of the District's $5,435,000 Special Levy Revenue Bonds, Series 2013
  • Represented Mesa del Sol, LLC in the issuance of the $3,600,000 Mesa del Sol Tax Increment Development District No. 1 Short-Term Revenue Bond, Series 2009 (the first tax increment development district financing in New Mexico)
  • Represented Mesa del Sol, LLC in the formation of Mesa del Sol Public Improvement Districts 1-5, 2007
  • Represented Mesa del Sol, LLC in the formation of Mesa del Sol Tax Increment Development Districts 1-5 (receiving financing authorization of $500,000,000; formed in 2006 as the first series of tax increment development districts in New Mexico)
  • Represented the City of Rio Rancho in the formation of the Cabezon Public Improvement District and served as bond counsel in its issuance of $10,050,000 Special Levy Revenue Bonds, Series 2005
  • Represented Ventana West in the formation of the Ventana West Public Improvement District (Albuquerque), the first public improvement district formed to issue bonds in New Mexico, 2004

New Mexico Municipal Energy Acquisition Authority ("NMMEAA") Transactions

  • Served as Bond Counsel in the issuance of NMMEAA's $726,995,000 Gas Supply Revenue Refunding Bonds, Series 2014
  • Served as Bond Counsel in the issuance of NMMEAA's $780,965,000 Gas Supply Variable Rate Revenue Bonds, Series 2009
  • Structured the formation of NMMEAA, a  special purpose joint powers entity utilizing home-rule powers of participants to finance a prepaid 30-year supply of natural gas and the first of its kind in New Mexico

Industrial Revenue Bonds ("IRB") Transactions

  • Represented Lea County as Bond Counsel in the issuance of the County's $440,000,000 Taxable Industrial Revenue Bond (DCP Midstream, LP-Zia II Project), Series 2014
  • Represented Lea County as Issuer's Counsel in the issuance of the County's $20,000,000 Industrial Revenue Bond (JUT Demonstration, Inc. Project), Series 2012
  • Represented the Town of Silver City as Bond Counsel in the issuance of the City's $4,000,000 Taxable Industrial Revenue Bond (Affordable Solar Silver City, LLC Project), Series 2012
  • Represented La Vida Llena, a continuing care facility as Bond Counsel in the issuance of the $63,885,000 New Mexico Hospital Equipment Loan Council First Mortgage Revenue Bonds, Series 2010A-C (La Vida Llena Project)
  • Represented Memorial Ventures, LLC as Bond Counsel in the issuance of the $14,000,000 City of Albuquerque, New Mexico Industrial Revenue Bond (Hotel Parq Central Project), Series 2009
  • Represented Santa Fe County as Bond Counsel in the issuance of the $7,400,000 Santa Fe County, New Mexico Tax-Exempt Variable Rate Education Facility Revenue Bonds, Series 2008A and Taxable Fixed Rate Education Facility Revenue Bonds, Series 2008B (Archdiocese of Santa Fe Project)
  • Represented Santa Fe County as Issuer's Counsel in the issuance of the $6,735,000 Santa Fe County Industrial Revenue Bonds, Series 2006 (ATC Charter School Project)
  • Represented Verizon Wireless as Special Counsel in the issuance of the $10,000,000 Bernalillo County Industrial Revenue Bonds, Series 2006A (Verizon Wireless Facilities Project) and $18,000,000 Series 2006B (Verizon Wireless Equipment Project)
  • Represented Lea County as Issuer's Counsel in the issuance of the $1,800,000,000 Lea County Industrial Revenue Bonds, Series 2004 (National Enrichment Facility Project)

Economic Development Projects

  • Represented Los Alamos County in the Trinity Site Revitalization and Relocation Project, Los Alamos, New Mexico  (2008-2011)
  • Represented Santa Fe County in the Santa Film and Media Studios Project, Santa Fe, New Mexico (2008-2011)

Activities

  • National Association of Bond Lawyers
  • American Bar Association
  • State Bar of New Mexico

Discourse

Presentations

  • "Inverse Condemnation," CLE International, 1999

Honors

  • Best Lawyers of America® in Public Finance, 2008-present
  • Chambers USA Directories of America's Leading Lawyers for Business in Corporate/Commercial, 2008-present
  • Martindale–Hubbell AV® Preeminent Peer Review Rated

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