An Act To Validate Certain Proceedings Authorizing the Issuance of Bonds and Notes by the City of Bath (AFTER DEADLINE)
Maine Legislature, Session 128, LD 1828
Committee: State and Local Government
Sponsors: DeCHANT, VITELLI

Legislative Document
No. 1828
H.P. 1270
House of Representatives, February 7, 2018
An Act To Validate Certain Proceedings Authorizing the Issuance of 
Bonds and Notes by the City of Bath
(AFTER DEADLINE)
(EMERGENCY)
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205.
Reference to the Committee on State and Local Government suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative DeCHANT of Bath.
Cosponsored by Senator VITELLI of Sagadahoc.
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the City of Bath is authorized pursuant to state law and its charter to 
borrow money and to issue its general obligation bonds and notes in furtherance of its 
municipal purposes; and
Whereas, at a city referendum held November 7, 2017, the voters of the city voted 
to adopt a bond ordinance that authorized the city to issue up to $2,800,000 of its general 
obligation bonds and notes to finance sidewalks and street and road construction, 
reconstruction and paving projects, as described in the notices, warrants and ballots for 
the referendum; and
Whereas, the voters of the city voted in favor of the bond question, 1,834 in favor 
and 396 against, with 108 blank ballots; and
Whereas, Section 1009 of the city charter requires that the complete text of the bond 
ordinance be published in a newspaper of general circulation in the city not less than 10 
days nor more than 15 days prior to the election; and
Whereas, while the complete text of the bond ordinance was published in a 
newspaper of general circulation in the city, it was published 4 days prior to the election 
and not between 10 and 15 days prior to the election; and
Whereas, the failure to publish the text of the bond ordinance as strictly required by 
the city charter creates a legal technicality that could affect the marketability of the bonds 
or notes to be issued by the city in connection with the projects; and
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  Validation and authorization.  Notwithstanding any provision of the 
Maine Revised Statutes or the charter of the City of Bath to the contrary, the City of Bath 
referendum conducted on November 7, 2017 and the proceedings related to that 
referendum are validated and made effective.  The City of Bath is authorized to enter into 
contracts and to issue bonds or notes of the city in an amount not to exceed $2,800,000 to 
finance sidewalks and street and road construction, reconstruction and paving projects, all 
as set forth in "Bond Ordinance - Question One" of the warrant and ballot for the 
referendum.
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved.
SUMMARY
This bill validates the referendum conducted in the City of Bath on November 7, 
2017.  It authorizes the City of Bath to enter into contracts and issue bonds or notes of the 
city in an amount not to exceed $2,800,000 to finance sidewalks and street and road 
construction, reconstruction and paving projects.