11-28-11 Common Council Meeting Minutes

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REGULAR MEETINGNOVEMBER 28, 2011 BILL NO. 11-67 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING AS STANDARDS FOR ACCESSIBLE DESIGN THE AMERICANS WITH DISABILITIES ACT (ADA) ACCESSIBILITY GUIDELINES AND THE GUIDELINES FOR PEDESTRIAN FACILITIES IN THE PUBLIC RIGHT-OF-WAY UPON DEPARTMENT OF JUSTICE APPROVAL Councilmember White made a motion to combine these bills for purposes of Public Hearing. Councilmember Rouse seconded the motion which carried by a voice vote of eight (8) ayes. RESOLUTION NO. 4130-11 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING THE AMERICANS WITH DISABILITIES ACT (ADA), DESIGNATING THE ADA COORDINATOR, AND ADOPTING PROCEDURES WHEREAS, the Federal government enacted the Americans with Disabilities Act of 1990 (ADA) to prevent discrimination of the physically and mentally disabled relating to employment and access to public facilities; and WHEREAS, in compliance with Title II of the ADA the City of South Bend shall name an ADA Coordinator; and WHEREAS, in compliance with Title II of the ADA the City of South Bend shall adopt a grievance procedure for resolving complaints alleging violation of the Title II of the ADA; and WHEREAS, in compliance with Title II of the ADA the City of South Bend shall post the ADA coordinator’s name, office address, and telephone number along with the ADA Notice and ADA grievance procedure on its website. NOW, THEREFORE BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND as follows: SECTION I. The Chief Assistant City Attorney, Aladean M. DeRose, is designated as the ADA Coordinator for the City of South Bend, Indiana, and South Bend’s ADA Coordinator shall be an attorney in the City’s Legal Department. SECTION II. The Notice under the Americans with Disabilities Act, a copy of which is attached hereto as Exhibit “A”, is adopted as the City of South Bend Notice under the Americans with Disabilities Act (ADA). SECTION III. The City of South Bend Grievance Procedure under the ADA, a copy of which is attached hereto as Exhibit “B”, is adopted as the grievance procedure for addressing complaints, alleging discrimination on the basis of disability in the provisions of services, activities, programs or benefits by the City of South Bend. SECTION IV. In compliance with Federal and State Laws as set forth above, the Common Council of the City of South Bend resolves to post the required information regarding the ADA coordinator, Notice under the ADA, and the City of South Bend Grievance Procedure under the ADA on its website and at such other locations as may be determined from time to time. SECTION V. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. 8