City of Saco, ME
York County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Saco as indicated in article histories. Amendments noted where applicable.]
Attachment 1 - Ward Boundary Map
[Adopted 5-1-1995 as Ch. X of the 1994 Code]
[1]
Editor's Note: See also Art. VII of the Charter.

§ 11-1 Authority of voters.

A. 
Initiative. The qualified voters of the City shall have the power to propose ordinances to the Council and, if the Council fails to adopt an ordinance so proposed without any change in substance, to adopt or reject it at a City election, provided that such power shall not extend to the budget or any ordinance relating to appropriation of money, levy of taxes or salaries of City officers or employees.
B. 
Referendum. The qualified voters of the City shall have the power to require reconsideration by the Council of any adopted ordinance and, if the Council fails to repeal an ordinance so reconsidered, to approve or reject it at a City election, provided that such power shall not extend to the budget or any emergency ordinance or ordinance relating to appropriation of money or levy of taxes.

§ 11-2 Commencement of proceedings; petitioners' committee; affidavit.

A. 
Any five qualified voters may commence initiative or referendum proceedings by filing with the City Clerk an affidavit stating that they will constitute the petitioners' committee and be responsible for circulating the petition and filing it in proper form, stating their names and addresses and specifying the address to which all notices to the committee are to be sent and setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered.
B. 
Promptly after the affidavit of the petitioners' committee is filed, the Clerk shall issue the appropriate petition blanks to the petitioners' committee.

§ 11-3 Petition requirements.

A. 
Number of signatures. Initiative and referendum petitions must be signed by qualified voters of the City equal in number to at least 10% of the total number of votes cast at the last regular City election.
B. 
Form and content. All papers of a petition shall be uniform in size and style and shall be assembled as one instrument for filing. Each signature shall be executed in ink or indelible pencil and shall be followed by the address of the person signing. Petitions shall contain or have attached thereto throughout their circulation the full text of the ordinance proposed or sought to be reconsidered.
C. 
Affidavit of circulator. Each paper of a petition shall have attached to it, when filed, an affidavit executed by the circulator thereof, stating that he/she personally circulated the paper, the number of signatures thereon, that all of the signatures were affixed in his/her presence, that he/she believes them to be the genuine signatures of the persons whose names they purport to be and that each signer had an opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered.
D. 
Time for filing referendum petitions. Referendum petitions must be filed within 30 days after adoption by the Council of the ordinance sought to be reconsidered.

§ 11-4 Certification of petition; review.

A. 
Certificate of Clerk; amendment. Within 20 days after the petition is filed, the City Clerk shall complete a certificate as to its sufficiency, specifying, if it is insufficient, the particulars wherein it is defective, and shall promptly sent a copy of the certificate to the petitioners' committee by registered mail.
(1) 
A petition certified insufficient for lack of the required number of valid signatures may be amended once if the petitioners' committee files a notice of intention to amend it with the Clerk within two days after receiving the copy of his/her certificate and files a supplementary petition upon additional papers within 10 days after receiving the copy of such certificate. Such supplementary petition shall comply with the requirements of § 11-3B and C, and, within five days after it is filed, the Clerk shall complete a certificate as to the sufficiency of the petition, as amended, and promptly send a copy of such certificate to the petitioners' committee by registered mail as in the case of an original petition.
(2) 
If a petition or amended petition is certified sufficient or if a petition or amended petition is certified insufficient and the petitioners' committee does not elect to amend or request Council review under Subsection B of this section within the time required, the Clerk shall promptly present his/her certificate to the Council, and the certificate shall then be a final determination as to the sufficiency of the petition.
B. 
Council review. If a petition has been certified insufficient and the petitioners' committee does not file a notice of intention to amend it or if an amended petition has been certified insufficient, the committee may, within two days after receiving the copy of such certificate, file a request that it be reviewed by the Council. The Council shall review the certificate at its next meeting following the filing of such request and approve or disapprove it, and the Council's determination shall then be a final determination as to the sufficiency of the petition.
C. 
Court review; new petition. A final determination as to the sufficiency of a petition shall be subject to court review. A final determination of insufficiency, even if sustained upon court review, shall not prejudice the filing of a new petition for the same purpose.

§ 11-5 Referendum petitions; effect on ordinance.

When a referendum petition is filed with the City Clerk, the ordinance sought to be reconsidered shall be suspended from taking effect. Such suspension shall terminate when:
A. 
There is a final determination of insufficiency of the petition;
B. 
The petitioners' committee withdraws the petition;
C. 
The Council repeals the ordinance; or
D. 
Thirty days have elapsed after a vote of the City on the ordinance.

§ 11-6 Action on petitions.

A. 
Action by Council. When an initiative or referendum petition has been finally determined sufficient, the Council shall promptly consider the proposed initiative ordinance in the manner provided within 30 days or reconsider the referred ordinance by voting its repeal. If the Council fails to adopt a proposed initiative ordinance without any change in substance within 60 days or fails to repeal the referred ordinance within 30 days after the date the petition was finally determined sufficient, it shall submit the proposed or referred ordinance to the voters of the City.
B. 
Submission to voters. The vote of the City on a proposed or referred ordinance shall be held not less than 30 days and not later than one year from the date of the final Council vote thereon. If no regular City election is to be held within the period prescribed in this subsection, the Council shall provide for a special election; otherwise, the vote shall be held at the same time as such regular election, except that the Council may, in its discretion, provide for a special election at an earlier date within the prescribed period. Copies of the proposed or referred ordinance shall be made available at the polls.
C. 
Withdrawal of petitions. An initiative or referendum petition may be withdrawn at any time prior to the 15th day preceding the day scheduled for a vote of the City by filing with the City Clerk a request for withdrawal signed by at least four members of the petitioners' committee. Upon the filing of such request, the petition shall have no further force or effect, and all proceedings thereon shall be terminated.

§ 11-7 Results of election.

A. 
Initiative. If a majority of the qualified electors voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results and shall be treated, in all respects, in the same manner as ordinances of the same kind adopted by the Council. If conflicting ordinances are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict.
B. 
Referendum. If a majority of the qualified electors voting on a referred ordinance vote against it, it shall be considered repealed upon certification of the election results.
C. 
Council initiative. The City Council may submit, on its own initiative, a proposition for the enactment, repeal or amendment of any ordinance, order or resolve to be voted upon at any municipal election, and should such proposition receive a majority of the votes cast thereon at said election, such ordinance, order or resolve shall be enacted, repealed or amended accordingly.
[Adopted 5-1-1995 as Ch. XI of the 1994 Code]

§ 11-8 Establishment.

The following seven wards are hereby established for the purpose of electing from each ward an equal number of municipal officers, as provided by the Charter for the City of Saco.

§ 11-9 Boundary lines.

[Amended 5-5-2003; 7-20-2015]
The boundary lines of the seven wards reference the tax maps as of April 1, 2014, and shall be as follows:[1]
Ward 1: Starting at the intersection of the Buxton town line and the Old Buxton Road, then southeast on the Old Buxton Road along Map 123, Lots 27, 30 and 29 and Lord Road, to the intersection with Buxton Road, southeast on the Buxton Road crossing the Maine Turnpike and continuing on North Street to Garfield Street, southwest on Garfield Street down to Map 67, Lot 12-2 then northwest following the dividing line between Lots 12-2 and 11, 12-1 and 11-1 and 11-2, continue along the back lot line of Lots 2-27, 2-26 and 2-24, then follow the dividing line northeasterly along the back of Lots 2-22 to 2-12, then southeasterly along the dividing line between Lots 2-12 and 2-10, then northeasterly across Aspen Drive to the dividing line between Lots 2-8 and 2-6, then northwesterly to the dividing line of Lot 2-28 then northeasterly along the dividing line to Lot 18-1, then southwesterly to the dividing line between recreation lot 2-43 and 3-1 then westerly on that line to Shadagee Road, crossing Shadagee Road to the Maine Turnpike, southwest on Maine Turnpike to the Saco River, following the Saco River in a westerly direction (upstream) to the Buxton town line, northeast along the Buxton town line to the point of beginning.
Ward 2: Starting at the intersection of the boundaries of Saco, Buxton and Scarborough, southeast along the Scarborough town line to the Maine Turnpike, southwest along the Maine Turnpike to Flag Pond Road, northwesterly on Flag Pond Road (all lots on the north side) to Jenkins Road, southerly on Jenkins Road (all lots on the northwesterly side) to Buxton Road, northwesterly on Buxton Road to its intersection with Old Buxton Road, northwestly on Old Buxton Road (all lots on the north side) to the Buxton town line, north along the Buxton town line to the point of beginning.
Ward 3: Starting at the intersection at the Maine Turnpike with the Scarborough town line, southeast along the Scarborough town line to the Old Orchard Beach town line, southwesterly along the Old Orchard Beach town line to the Goosefare Brook, then in an easterly direction following the Goosefare Brook to the Boston and Maine Railroad, southwest on the Boston and Maine Railroad to southernmost corner of Map 27 Lot 36 and following lot line of Lot 36 to the easterly most corner of Map 27 Lot 37 to Cumberland Avenue, then northeast on Cumberland Avenue to Lillian Avenue, northwest on Lillian to the end of street, the to the most southerly corner of Map 34 Lot 142-1, then along dividing line of Map 33 Lot 3 and Map 34 Lot 142-1, continue to the westerly most corner of Map 34 Lot 142-2 then northeast along dividing line to corner of Map 33 Lot 3 and Lot 2, then northwesterly along dividing line to Main Street, southwest on Main Street to Fairfield Street, northwest on Fairfield to Union Street, southwest on Union Street to Clark Street, northwest on Clark Street to Northwood Lane, northeast on Northwood Lane, continuing in that direction and following the dividing line between Map 39, Lots 146 and 146-1 to the Thornton Academy property line (Map 40, Lot 29), then following that property's boundary lines northwesterly, to the westernmost point of Map 40 Lot 29 then northeasterly to the dividing line between Map 40, Lots 26 and 30, then northwesterly to the Industrial Park Rail Spur, then northeast along the Industrial Park Rail Spur and Old Eastern right-of-way to Interstate 195, northwest on 1-195 to the Maine Turnpike, southwesterly along the Maine Turnpike to North Street, north on North Street to Jenkins Road, continue northerly on Jenkins Road to Flag Pond Road, easterly on Flag Pond Road to Route One, then northerly on Route One to the Scarborough town line and the point of beginning.
Ward 4: Starting at the intersection of the Boston and Maine Railroad and the Old Orchard Beach town line which is the Goosefare Brook, then in an easterly direction following the Goosefare Brook to the Atlantic Ocean, southerly along the Atlantic Ocean to the Saco River, following the Saco River (upstream) in a westerly direction to the Map 26 Lot 3 then northerly on the dividing line of Lots 3 and 5 and 3 and 4 to Beach Street, cross Beach Street to the dividing line of Map 26 Lots 95 and 94-1 and following this line northerly to the dividing line between Map 26, Lots 90 and 89, follow that line to Glenwood Avenue, then northeasterly along the center line of Glenwood Avenue to the Boston and Maine Railroad, and northeast along the railroad to the Goosefare Brook and point of beginning. And including the islands in the Atlantic Ocean.
Ward 5: Starting at a southernmost point where the western edge of the Shadagee Road right-of-way intersects with the Maine Turnpike right-of-way crossing Shadagee Road to the dividing line of Map 83, Lots 7 and 8, then easterly along that property line to the Recreation Lot, Map 83, Lot 10-60, continuing along this line to the corner of Map 67 Lot 2-32, continue along the dividing line northeasterly to the corner of Lots 2-28 and 2-4 then southwesterly on the dividing line to the corner of Lots 2-6 and 2-8, then southeasterly on the dividing line of Lots 2-6 and 2-8 to then southwesterly along Hemlock Drive to the corner of Lots 2-10 and 2-12 then northwesterly along the dividing line of Lots 2-10 and 2-12 then northwest to the back lot dividing line of Lot 2-29, then southwesterly on the dividing line to the westernmost point of Lot 2-24, then southeasterly along back lot dividing line of Lots 2-24, 2-26, 2-27, then continuing along dividing line between Lots 11-2, 11-1 and 12-1 and Lot 11 and 12-2 to Garfield Street, northeast on Garfield Street to North Street, southeast along North Street to the intersection with the Boston and Maine Rail Spur, southwest along the Boston and Maine Rail Spur to Bradley Street, southeast on Bradley Street to Spring Street, southwest on Spring Street to Lincoln Street then along the dividing line between Map 38 Lot 228 and 229 and 230-1 to the Saco River, then in a westerly direction along the Saco River to the Maine Turnpike, northeast along the Turnpike to the point of beginning at the Shadagee Road right-of-way.
Ward 6: The area starting at the intersection of King and Main Streets, then northeasterly to the western most corner of Map 33 Lot 2-1 then southeasterly along the dividing line to the corner of Map 33 Lot 3, Map 33 Lot 2 and Map 34 Lot 142-2 then southwesterly to the western most corner of Map 34 Lot 142-2 then southeasterly to the southernmost corner of Map 34 Lot 142-1 then southwesterly to Lillian Avenue, then southeasterly along Lillian Avenue to Cumberland Avenue, then southwesterly along Cumberland to the easternmost point of Map 27 Lot 37 thence along the dividing line of Map 27 Lots 37 and 36 to the Boston and Maine Railroad, then northeasterly along the Boston and Main Railroad to Glenwood Avenue, then southwesterly along Glenwood Avenue to the westerly corner of Map 26 Lot 89, then southeasterly along the dividing of Map 26 Lot 89 and 90 to the sideline of Map 26 Lot 95, then southwesterly along the sideline of Map 26 Lot 95 to Beach Street, thence southwesterly along the eastern sideline of Map 26 Lot 4 then southwesterly along the westerly sideline of Map 26 Lot 3 to the Saco River, then northwesterly along the Saco River to a point at the southernmost point of Main Street on Saco Island then following a counterclockwise course around Saco Island along the Saco River to Main Street at the northerly side of Saco Island northeast on Main Street to North Street, northwest on North Street to Union Street, northeast on Union Street to Fairfield Street, southeast on Fairfield Street to Main Street to the point of beginning.
Ward 7: Starting at the intersection of the Maine Turnpike and Interstate 195, southeast along Interstate 195 to the Old Eastern Railroad bed, southwest along the Old Eastern Railroad bed and the Industrial Park Rail Spur to the dividing line between Map 40, Lot 26, and Map 40, Lot 30, southeast along that line to the west boundary of Map 40, Lot 29, southwest along the southeast boundary line, to the dividing line of Map 39, Lots 146-1 and 146, southwest along that line to Northwood Lane, southwest on Northwood Lane to Clark Street, southeast on Clark Street to Union Street, southwest on Union Street to North Street, southeast on North Street to Main Street, southwest on Main Street to the Saco River at the northerly side of the Saco Island then following a clockwise course along the Saco River around the outside of Saco Island to the southernmost point on Main Street thence following the course of the Saco River, around the remainder of Saco Island, to Spring Street then northeasterly along Spring Street to Bradley Street, northwest on Bradley Street to the Boston and Maine Railroad Spur, northeast along the railroad spur to North Street, northwest along North Street to northernmost point of Map 84 Lot 3 to the Maine Turnpike and northeast on the Maine Turnpike to the point of beginning at Interstate 1-195.
[1]
Editor's Note: See also the Ward Boundary Map, which is included as an attachment to this chapter.