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10B Action 2010 1115
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10B Action 2010 1115
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Last modified
11/22/2010 9:38:16 AM
Creation date
11/10/2010 4:05:32 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
11/15/2010
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_CC Agenda 2010 1105
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\City Clerk\City Council\Agenda Packets\2010\Packet 2010 1115
MO 2010-042
(Reference)
Path:
\City Clerk\City Council\Minute Orders\2010
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procedures that govern administration of the entity's program's activities, <br />and services. <br />The Transition Plan lists, prioritizes, and sets forth a schedule for the <br />physical changes that must be made in order to provide programmatic <br />access to City programs, activities, and services. This report, and certain <br />documents incorporated by reference, establishes the City's ADA Facilities <br />Transition Plan Update. <br />Discrimination and Accessibility <br />There are two kinds of accessibility: <br />• Program accessibility; and <br />• Physical accessibility. <br />Programs offered by the City to the public must be accessible. Accessibility <br />includes advertisement, orientation, eligibility, participation, testing or <br />evaluation, physical access, provision of auxiliary aids, transportation, <br />policies, and communication. <br />The City may achieve program accessibility by a number of methods: <br />• Structural methods such as altering an existing facility; <br />• Acquisition or redesign of equipment; <br />• Assignment of aides; and /or <br />• Providing services at alternate accessible sites. <br />When choosing a method of providing program access, the City will give <br />priority to the one that results in the most integrated setting appropriate to <br />encourage interaction among all users, including individuals with disabilities. <br />In compliance with the requirements of the ADA, the City must provide <br />equality of opportunity, but does not guarantee equality of results. <br />Undue Burden <br />The City is not required to take any action that it can demonstrate would <br />result in a fundamental alteration in the nature of its program or activity, <br />would create a hazardous condition resulting in a direct threat to the <br />participant or others, or would represent an undue financial and <br />administrative burden. <br />The determination that an undue burden would result must be based on an <br />evaluation of all resources available for use in the City. For example, if a <br />barrier removal action is judged unduly burdensome, the City must consider <br />other options for providing access to the benefits and services of the <br />program or activity by individuals with disabilities. <br />Page 3 <br />
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