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1 <br /> To: Council President Gipson, Councilmembers <br /> From: Jim Iles, City Attorney <br /> Date: April 4, 2012 <br /> The following provides some information including responses to issues raised at the February <br /> 22"d Council briefing regarding the proposed Naming Policy: <br /> Issue 1: Should the Policy be adopted in the form of an ordinance rather than a resolution? <br /> Answer: It is appropriate for the proposed Naming Policy to be in the form of a resolution. <br /> The proposed Policy is based on the naming policy adopted by Council in 2007 which was in the <br /> form of a resolution. Everett's current naming policy is based on Tacoma's naming policy which <br /> was also adopted by resolution. It is not uncommon for the Council to adopt policies by <br /> resolution. Other examples of Council policies adopted by resolution include the Council's <br /> policy on Rules of Procedure as well as the policy on the use of City-owned facilities. These <br /> policies, including Tacoma's, use mandatory verbiage similar to that found in the proposed <br /> Naming Policy. <br /> Issue 2: A question was raised regarding the appropriateness of the words "if they feel" found <br /> in Section 5 of the proposed Naming Policy. <br /> Response: To eliminate questions regarding the use of the words "if they feel", it is <br /> recommended that these words be replaced with "if Council finds". <br /> Current Language: <br /> Section 5: Council Action. The City Council, after consideration of the criteria in Section 4 <br /> and public comment, may elect to name or rename any City building, public place,facility or <br /> natural feature or rename a street contrary to the criteria in Section 4 if they feel there is <br /> sufficient reason to take such action. Such action shall be by resolution. <br /> Revised Language: <br /> Section 5: Council Action. The City Council, after consideration of the criteria in Section 4 <br /> and public comment, may elect to name or rename any City building, public place, facility or <br /> natural feature or rename a street contrary to the criteria in Section 4 if Council finds there <br /> is sufficient reason to take such action. Such action shall be by resolution. <br /> Issue 3: Apparently the City had adopted a naming policy in 1976, Council Bill # 763-76 (copy <br /> attached). This was in effect prior to Council's action in February 2007 when Council adopted <br /> Resolution No. 5865. It is recommended that the Resolution title and the repeal provision <br /> contained in the proposed naming policy be expanded to include the repeal of Council Bill # <br /> 763-76. <br /> 7 <br />