HomeMy WebLinkAboutAdopting ADA Standards and Guidelines for Pedestrian Rights-of-Way RESOLUTION
4131-11
Passed by the Common Council of the City of South Bend, indiana
November 28, 11
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Attest: City Clerk
Attest• President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
November 29, 11
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Approved and signed by me Novembe r 3 0, 20 11
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RESOLUTION NO. ������',
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
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, Title II of the ADA requires that municipalities adopt the Americans with
Disabilities Standards for Accessible Design that provide accessibility, through proposed
structural modifications to remove accessibility barriers; and
WHEREAS, Title II of the ADA recommends that municipalities adopt the Americans
with Disabilities Guidelines for Pedestrian Facilities in the Public Right-of-Way that provide
accessibility, through proposed structural modifications to remove accessibility barriers and
WHEREAS, in 2010 the United States Department of Justice modified the ADA
Standards for Accessible Design, and in 2011 it proposed but has not yet adopted or finally
approved the Guidelines for Pedestrian Facilities in the Public Right-of-Way; and
WHEREAS, the City of South Bend remains committed to the ADA and the elimination
of barriers to public facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA as follows:
SECTION I. The Common Council hereby adopts the 2010 Americans with Disabilities
(ADA) Standards for Accessible Design.
SECTION II. The Common Council further adopts the 2011 Guidelines for Pedestrian
Facilities in the Public Right-of-Way, effective upon their final approval by the Department of
Justice .
SECTION II. This Resolution shall be in full force and effect from and afte s adoption
by the Common Council and approval by the Mayor
Member, South Bend Common Council
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TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
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
Respectfully report that they have examined the matter and that in their opinion,
this bill is being recommended to the full Council with a favorable
recommendation.
This bill was heard by the Public Works & Property Vacation Committee.
Timothy Rouse
Chairperson, Committee of the Whole
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CITY OF SOUTH BEND STEPHEN J. LUECKE,MAYOR
DEPARTMENT 4F LAW
CHARLES S. LEONE ALADEAN M. DEROSE
CTTYATl"ORNEY CHTFE ASSISTANT CiT'YATTORNEY
November 21, 2011
Mr. Derek Dieter
President, South Bend Common Council
4th Floor, County-City Building
South Bend, IN 46601
Re: Resolution to Approve ADA Accessibility Standards
Dear President Dieter:
Attached is a Resolution by which the City of South Bend adopts the ADA Accessibility
Standards (ADAAS) promulgated by the Department of Justice in 2010, and the 2011 Guidelines
for Pedestrian Facilities in the Public Right-of-Way (PROWAG) upon their final approval by the
U.S. Department of justice (DOJ).
This Resolution is being filed with a companion Resolution which formally names an
ADA Coordinator for the City of South Bend, adopts an ADA Policy and establishes a grievance
procedure. Both Resolutions are part of the ADA Transition Plan process required by Title II of
the Americans with Disabilities Act (ADA). The Michiana Area Council of Government
(MACOG) is coordinating this process among all local government members of MACOG, and
all members of MACOG will have/or now have similar Resolutions approved by their legislative
bodies.
Thank you for consideration of both Resolutions which I will present to the Common
Council at its Committee meeting and at public meeting on November 28, 2011. City Engineer
Carl Littrell will be available at the Committee meeting on November 28th to answer any
technical issues you may have.
Sincerely,
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� Aladean M. DeRose�°� � -�.,�
Chief Assistant City �t��rr�ey � � ..��
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THOMAS L. BODNAR CHFRYL A. GREF.NE ANN—CAROL NASH T�i'a��'�'�'����s�
ANDREA L.BEACHKOFSKY LAWRF.NCE J.METETVER JEFFREY L.SANFORD �OHN E.BRODEN