10641-19 Approving Update to ADA Transition Plan of 2013 and Title VI Plan: Non Discrimination in City Services, Programs & Activities under the Civil Rights Act of 1964

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SUBSTITUTE BILL NO. 68-18 ORDINANCE NO. 10641-19 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE CITY OF SOUTH BEND'S UPTDATES TO THE CITY'S 2013 ADA PLAN FOR PEDESTRIAN FACILITIES IN THE PUBLIC RIGHT OF WAY AND ITS TITLE VI PLAN FOR NON-DISCRIMINATION IN CITY SERVICES, PROGRAMS AND ACTIVITIES UNDER THE CIVIL RIGHTS ACT OF 1964 STATEMENT OF PURPOSE AND INTENT In 1990 Congress enacted the Americans with Disabilities Act(ADA)which,among other things,requires that municipalities throughout the United States adopt standards to improve access and remove barriers for disabled persons in their use of public facilities and governmental services. In addition to the ADA, local government is subject to the requirements of Title VI of the Civil Rights Act of 1964 that "no person in the United States shall, on the grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." The protection under Title VI has been expanded by South Bend policy and law, and by State and federal laws to include age, gender, sexual orientation, gender identification, military status, national origin, English proficiency, and income status. On January 28, 2013 this Council approved the City's ADA Transition Plan which identified those sidewalks and curb cuts having priority for ADA upgrade(Ordinance No. 10219- 13). The City of South Bend, Indiana, has advanced these objectives through an aggressive sidewalk and curb cut replacement program. These included sidewalks and curb cuts in downtown South Bend serving public service and commercial buildings which were upgraded as part of the Smart Streets Program. It has replaced sidewalks in neighborhoods through a public/private improvement plan over the past several years and intends to continue doing so under the terms of the ADA Transition Plan. The combined update to the City's Transition Plan approved January 28, 2013 and the City's Title VI Plan: Non-Discrimination in City Services, Programs &Activities Under the Civil Rights Act of 1964 is attached hereto and incorporated herein as Exhibit A for approval by this Council. The City's updates to and report of ADA accessibility improvements made since the original Transition Plan was approved is contained in Exhibit A at pages 3 through 10. The City's Title VI Plan for non-discrimination in City services, programs and activities reflects the diversity of the City's population and the vision of the Common Council and City administration for a truly diverse and inclusive city as exemplified by the City's Human Rights Ordinance, amended in 2012 to include sexual orientation and gender identification (Ord. No. 10154-12); the Minority and Women Business Enterprise Diversity Development Program legislation of 2011 (Chapter 14.5, South Bend Municipal Code Ord. No. 10081-11) followed by the Mayor's appointment of a City Diversity and Inclusion Officer and enactment of the City's Diversity& Inclusion Plan of 2016. The City's Title VI Plan was reviewed by the State Department of Transportation compliance officer earlier this year and found to meet federal requirements. . This Update to the City's ADA Transition Plan of 2013 and Title VI Plan for Non- Discrimination in City Services, Programs & Activities has been the subject of public hearing by the Board of Public Works at a meeting held January 8, 2019 as to which notice was properly published in the South Bend Tribune. The Transition Plan has also been posted on the City of South Bend's website for the past 30 days prior to this date along with the form for public comment, and a copy has been made available at the downtown branch of the St. Joseph County Library and at the office of the South Bend City Clerk.