An Act to Validate Certain Proceedings Authorizing the Issuance of Bonds and Notes by the City of Bath (AFTER DEADLINE)
Maine Legislature, Session 131, LD 1821
Committee: State and Local Government
Sponsors: VITELLI, PAULHUS, NANGLE, HEPLER

Legislative Document
No. 1821
S.P. 736
In Senate, April 27, 2023
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.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator VITELLI of Sagadahoc.
Cosponsored by Representative PAULHUS of Bath and
Senator: NANGLE of Cumberland, Representative: HEPLER of Woolwich.
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 8, 2022, the voters of the city voted to 
adopt a bond ordinance that authorized the city to issue up to $13,500,000 of its general 
obligation bonds and notes to finance the construction and equipping of a new fire station, 
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, 2,731 in favor and 
1,264 against, with 285 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 not published in a 
newspaper of general circulation in the city between 10 and 15 days prior to the election, 
the city held at least 5 workshops or public meetings on the bond prior to the election, the 
local newspaper printed an article about the proposed bond on October 9, 2022 and sample 
ballots were posted throughout the city; and
Whereas, the failure to publish the text of the bond ordinance as strictly required by 
the city creates a legal technicality that could affect the marketability of the bonds or notes 
to be issued by the city in connection with the project; and
Whereas, the city council will review the posting and notice requirements regarding 
permanent financing, initiatives and referenda in the city charter and present amendments 
for a referendum to address inconsistencies and improve the posting and notice process by 
November 7, 2023; 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 8, 2022 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 $13,500,000 to finance the 
construction and equipping of a new fire station, all as set forth in the bond ordinance the 
voters of the City of Bath voted to adopt on November 8, 2022 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 8, 2022. 
It authorizes the City of Bath to enter into contracts and issue bonds or notes of the city in 
an amount not to exceed $13,500,000 to finance the construction and equipping of a new 
fire station.