[HISTORY: Adopted by the City Council of
the City of Saco as indicated in article histories. Amendments noted
where applicable.]
[Adopted 5-1-1995 as Ch. X of the
1994 Code]
[1]
Editor's Note: See also Art. VII of the Charter.
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.
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.
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.
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.
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.
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.
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]
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.
[Amended 5-5-2003; 7-20-2015; 6-27-2022]
The boundary lines of the seven wards reference the tax maps
as of April 1, 2021, 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 Map 67 Lots 2-12 and 2-10, then northeasterly
to Aspen Drive, westerly along the center line of Aspen Drive to Rosewood
Drive, south on Rosewood Drive center line to Juniper Lane, southerly
down center line to Bradley Street, northwesterly 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 easterlymost corner
of Map 27 Lot 37 to Cumberland Avenue, then northeast on Cumberland
Avenue to Mabel Avenue, westerly along center line of Mabel Avenue
to Pine Ledge Terrace, westerly along center line to Ledgewood Terrace,
continue along center line to Stockman Avenue, westerly along center
line of Stockman Avenue to Main Street, northerly along center line
of Main Street 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 of the Maine Turnpike,
following center line of Bradley Street to Juniper Lane, northerly
along center line of Juniper Lane to first intersection of Rosewood
Drive, easterly along center line of Rosewood Drive to intersection
with Aspen Drive, northeasterly along center line of Aspen Drive to
Hemlock Drive, then southwesterly along Hemlock Drive to the corner
of Map 67 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, continue onto
Park Street, along Park Street center line to the intersection with
Cantara Avenue, along Cantara Avenue 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 Bradley Street.
Ward 6: The area starting at the intersection of King and Main
Streets, then northeasterly to Stockman Avenue, easterly along center
line to Ledgewood Terrace, southeasterly along center line to Pine
Ledge Terrace, continue along center line to Mabel Avenue, south on
Mabel Avenue following center line 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 Maine 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, easterly along the train tracks to Front Street, northerly
following center line of Front Street to Common Street, northeasterly
along center line to Middle Street, northerly along center line of
Middle Street to Beach Street, westerly on Beach Street, across Main
Street to North Street, northwest on North Street to Union Street,
northeast on Union Street to Clark Street, southeast on Clark Street
to Main Street north on 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 Main Street, south
on Main Street along center line to Clark Street, west on Clark Street
along center line to Union Street, southwest on center line of Union
Street to North Street, southeast on North Street to Main Street,
continue southeast to Beach Street along center line to Middle Street,
south on Middle Street along the center line to Common Street, westerly
on Common Street to Front Street, southeasterly on Front Street along
the center line to the train tracks, westerly along the train tracks
to Main Street 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 Cantara Avenue, northerly along center
line of Cantara Avenue to Park Street, northerly on Park Street 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.
