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Admin Order 58-15-21
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Admin Order 58-15-21
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Last modified
7/7/2015 9:01:42 AM
Creation date
7/7/2015 8:57:48 AM
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Template:
City Recorder
CMO_Document_Type
Admin Orders
Document_Date
6/26/2015
Document_Number
58-15-21
CMO_Effective_Date
7/1/2015
Author
CRO
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I. Introduction <br />1. .1 Goals & Objectives <br />The City of Eugene ("the City") Americans with Disabilities Act (ADA) Transition Plan for Public <br />Rights -of -Way ("the Plan") is created as a plan separate from the City's existing ADA Transition Plan <br />in order to better address accessibility specifically within the City's public rights-of-way (R/W) for <br />persons with disabilities. In addition, the Plan recognizes the goals of the Architectural and <br />Transportation Barriers Compliance Board's (Access Board) proposed guidelines for the design, <br />construction, and alteration of pedestrian facilities in the public R/W as published for public <br />comment on July 26, 2011 (and published with corrections on July 29, 2011) in the Federal Register, <br />36 CFR Part 1190, Docket No. ATBCB 2011-04. (2011 Notice of Proposed Rulemaking or NPRM). <br />The City's commitment to safe and equitable pedestrian accessibility within the R/W is expressed in <br />various plans and documents (outlined below) and considers the Plan to not be just a fulfillment of a <br />federal requirement, but rather an instrument by which the City can provide a richer mobility <br />experience, to the extent possible, to persons with disability within the community. <br />1.2 City ADA Transition Plan History <br />Upon the adoption of the Americans with Disabilities Act of 1990, the City embarked on a <br />comprehensive accessibility evaluation of its facilities. To date three such evaluations have been <br />undertaken and completed in 1992, 2000, and 2008. After extensive public input, Phase 1 of the <br />City's existing ADA Transition Plan, including a three fiscal -year schedule for completing prioritized <br />accessibility projects, was approved in 1993. Subsequent phases of the existing Plan have been <br />prepared and implemented and the existing Plan in 2012 represents Phase 7. While a schedule for <br />curb ramp installation has always been a part of each phase of the existing Plan, the City is pleased <br />to publish a companion ADA Transition Plan that more specifically and comprehensively addresses <br />accessibility within the R/W. Upon adoption of the Transition Plan for the Public Rights of Way, the <br />City will have two ADA Transition Plans, one specific to accessibility outside the R/W and one <br />specific to accessibility within the R/W. <br />2. Legal Requirements <br />Discrimination against persons with disabilities is prohibited on federal, state, and local levels and <br />enforced with enacted laws and regulations and approved/accepted policy plans and documents. A <br />summary of those edicts most closely related to the funding, design, construction, and alteration of <br />pedestrian facilities in the R/W to ensure access by pedestrians with disabilities is provided below. <br />The following is a summary of various federal, state, and local ADA -related plans and documents. <br />2.1 Federal <br />Title Vl of the Civil Right Act of 1964, [42 U.S.C. 2000d-1] <br />Title VI prohibits discrimination on the basis of race, color, or national origin in programs and <br />activities receiving federal assistance. <br />Section 504 of the Rehabilitation Act of 1973 [29 U.S.C. 794] <br />Section 504 prohibits discrimination against individuals with disabilities under any program or <br />activity receiving federal financial assistance. The DOT routinely provides such assistance to <br />state and local governments for the development of transportation networks. <br />City of Eugene Transition Plan for Accessibility in the Public Rights -of -Way Page 2 <br />
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