HomeMy WebLinkAboutAdopting the city of South Bend's ADA Transition Plan for Pedestrian Facilities in the Public Right of Way ORDINANCE No 9-13
Passed by the Common Council of the City of South Pend, Indiana
January 28, 20 13
Attest: I - City Clerk
JO VOO"DE
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Attest: ► _�' ■141 ,d► VP President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
January 29, 20 13
ar: _.. �. City Clerk
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Approved and signed by me ANA,411`1 2 I 20 l 3
Mayor
ORDINANCE NO. t O 1.1
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, ADOPTING THE CITY OF SOUTH BEND'S ADA TRANSITION PLAN
FOR PEDESTRIAN FACILITIES IN THE PUBLIC RIGHT OF WAY
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.
The City of South Bend, Indiana, has advanced these objectives through an aggressive
sidewalk and curb cut replacement program in the downtown South Bend area where
government service facilities are concentrated. It has replaced sidewalks in neighborhoods
through a public/private improvement plan over a period of many years. Downtown and
neighborhood sidewalk replacement has consistently been made in conformity with ADA
Guidelines for Pedestrian Facilities in the Public Right of Way. These standards were formally
adopted by the South Bend Common Council December 12, 2011 under Resolution #4131-11.
Municipal public hearing rooms all offer accommodations for the hearing and sight
impaired upon request, and notice of this is regularly posted. The City has designated an ADA
Coordinator and adopted a procedure for grievances affecting accessibility for the disabled. This
was formally enacted by the Common Council December12, 2011 under Resolution#4130-11,
although since 1998, the City was an active member of the St. Joseph County Disability Rights
Commission which, among other things, received and resolved concerns of the disabled within
this community.
As part of its ADA compliance process, the City of South Bend has formulated a
Transition Plan which is attached hereto and incorporated herein as Exhibit "A." It provides the
City's future plan for addressing accessibility barriers to pedestrian facilities in the public right
of way within the South Bend corporate limits.
This Transition Plan has been the subject of public hearing by the Board of Public
Works at a meeting held January 8, 2012 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 at
www.southbendin.gov/ada for at least 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 .
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA as follows:
Section I. The Americans With Disabilities Act (ADA) Transition Plan for the City of
South Bend, Indiana, which is attached hereto and incorporated herein as Exhibit "A" is hereby
adopted and approved.
Section II. This Ordinance shall be in full force and effect from and after its passage by
the Common Council and approval by the Mayor.
A A.-A. VIOL AbAA 411
Member, South Bend Common Council
Atte
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erk
Presented by me to the Mayor of the City of South Bend, Indiana on the 2_c day
of
, 2013, at 0 ( o'clock Cry m.
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City Clef i
Approved and signed by me on the 24 day of TA V'I hItY , 2013, at o'clock P . m.
Mayor
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READING I, —t(-1 3
PUBL;C HEAliNG JAN r 4 eeQ1
3 rd READiNG
NOT APPROVED
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REFERRED CITY CLE Clrf CLERK,SOUTH SOUTH ØND,IN
PASSED C—Lk-43 °'"
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1400 COUNTY--CITY BUILDING . \ /0j ' PHONE 574/235-9241
227 W.JEFFERSON BOULEVARD i FAX 574/235-7670
SOUTH BEND,INDIANA 46601-1830 "t ,:4- ,�1
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CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR
DEPARTMENT OF LAW
ALADEAN M. DEROSE
CITYATTORNEY,AD INTERIM
December 31, 2012
Mr. Derek Dieter
President, South Bend Common Council
4th Floor, County-City Building
South Bend, IN 46601
Re: Ordinance Approving ADA Transition Plan
Dear President Dieter:
Attached is an Ordinance which was presented on December 18, 2012 to the City Clerk for actual
filing and publication. The Ordinance provides for Common Council approval of the City's Transition
Plan under the Americans with Disabilities Act (ADA) for Pedestrian Facilities in the Public Right of
Way. This Transition Plan describes how the City of South Bend intends to remove barriers for disabled
persons who enter or are within the public right of way. The City is also in the process of taking an
inventory of the City's buildings open to the public for City services, and will be preparing an Addendum
or a separate Transition Plan for that within the next year.
In developing the attached Transition Plan, Legal Department and Engineering Staff have worked
closely with the Michiana Area Council of Governments (MACOG), and we are grateful for their
technical assistance.
For the information of Council, the ADA Transition Plan has been available for public comment
on the City's website since December 18, 2012. The direct address for access is: southbendin.gov/ada.
Public hearing on the Transition Plan before the Board of Public Works is now set for January 8, 2013.
I will present this Ordinance to Council at its appropriate Committee meeting and at the regular
Council meeting, and we hope the Council will adopt it.
Thank you.
Sincerely,
/ /
Aladean M. DeRose
City Attorney,A.I.
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CHERYL A. GREENE ANN-CAROL NASH
ANDREA L.BEACHKOFSKY LAWRENCE J.METRIVFR JEFFREY L.SANFORD