HomeMy WebLinkAbout4672-02/23/2004 INDEX['C2 BLACK HAWK COUNTY,IOWA:ss FEE BOOK# 20 0 4 33831
PROOF FILED FOR RECORD MAY 19 ,2004 ,AT 3:00 P• M. FEE 1-20.00/ — 5.00
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BLACK HAWK COUNTY RECORDER
CITY OF WATERLOO ATTN NANCY ECKERT
This Ordinance prepared by Nancy Eckert, City Clerk, 715 Mulberry
Street, Waterloo, Iowa.
ORDINANCE NO. 4672
AN ORDINANCE AMENDING THE 2001 CODE OF
ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY
ADDING A NEW CHAPTER 15, ADA COMPLIANCE
COMMISSION, TO TITLE 2 , BOARDS AND
COMMISSIONS .
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA,
that a new Chapter 15, ADA Compliance Commission, Title 2 , Boards
and Commissions, of the 2001 Code of Ordinances of the City of
Waterloo, Iowa, is hereby enacted as follows :
CHAPTER 15
ADA COMPLIANCE COMMISSION
SECTION:
2-15-1 : Commission Created
2-15-2 : Composition and Membership
2-15-3 : Gifts and Bequests
2-15-4 : Use of Building
2-15-5 : Powers and Duties
2-15-1 : COMMISSION CREATED: There is hereby created and
established an ADA Compliance Commission (Americans
with Disabilities Act Compliance Commission) which
shall implement and monitor compliance to the
Americans with Disabilities Act .
2-15-2 : COMPOSITION AND MEMBERSHIP :
A. Appointment - Qualifications : The ADA Compliance
Commission shall consist of nine (9) members, who
shall be appointed by the Mayor, subject to
approval by the City Council . The majority of
the Commission will endeavor to be made up of
people affected by disabilities .
B. Terms : Commission members shall serve for a term
of three (3) years . Three (3) commissioners
shall be appointed for a term of three (3) years,
expiring January 1, 2007; three (3) commissioners
shall be appointed for a term of two (2) years,
expiring January 1, 2006; and three commissioners
shall be appointed for a term of one (1) year,
expiring January 1, 2005, or in each instance
until a successor is appointed. All subsequent
appointments shall be for a term of three (3)
years . Vacancies shall be filled in the same
manner as original appointments . No member to
said Commission shall serve more than two (2)
Ordinance No. 4672
Page 2
consecutive terms; except if one or more
additional terms may be approved upon
extraordinary circumstances and unavailability of
applicants .
C. Rules - Meetings - General Procedure : The
Commission shall adopt rules in accordance with
the provisions of this resolution. Meetings of
the Commission shall be held at the call of the
Chairman and at such other times as the
Commission may determine . All meetings of the
Commission shall be open to the public . The
Commission shall keep minutes of its proceedings,
showing the vote of each member upon each
question, or if absent or failing to vote,
indicating such fact, and shall keep records of
its examinations and other official actions, all
of which shall be immediately filed in the office
of the Commission and shall be a public record.
D. Compensation: Members of the ADA Compliance
Commission shall serve without compensation.
E. Ex Officio Member: The Building Official or an
appointed designee shall be an ex officio non-
voting member of the Commission.
2-15-3 : GIFTS AND BEQUESTS :
Gifts and bequests to the city or to the Commission,
for any purposes provided in this chapter, may be
accepted and the property shall be used in accordance
with the provisions of this chapter, and as may be
expressly designated by the mayor and/or city council
and the donor. (Ord. 4236, 6-23-1997)
2-15-4 : MEETING SPACE :
A. The City shall provide a meeting space for the
Commission at the Commissions request, during
regular business hours (8 : 00 a.m. - 5 : 00 p.m. ) .
All rooms provided shall be handicap accessible .
B. The Building Inspection Department shall provide
staff support to the Commission.
2-15-5 : POWERS AND DUTIES :
The ADA Compliance Commission shall have the following
powers and duties :
A. The Commission may in appropriate cases and
subject to appropriate conditions and safeguards
make determinations of what are reasonable
accommodations in public buildings . The ADA
Compliance Commission shall have a public hearing
on said determination.
Ordinance No. 4672
Page 3
B. The Commission may authorize, in specific cases,
interpretation of the terms of the Americans with
Disabilities Act as will not be contrary to the
public interest where owing to special
conditions, a literal enforcement of the
provisions of the Act will result in undue
hardship and so that the spirit of the Act shall
be observed and substantial justice done .
C. Assist in the implementation/monitoring of the
City of Waterloo transition plan to bring City of
Waterloo buildings into compliance with the
Americans with Disabilities Act .
D. City of Waterloo policies and programs that
require application of the Americans with
Disabilities Act of 1990 shall be reviewed by the
ADA Commission and recommendation be made to the
Mayor and City Council on compliance or non-
compliance .
E. The ADA Commission shall recommend to the Mayor
and City Council correction to any policy or
program to bring the policy or program into
compliance with the Americans with Disabilities
Act of 1990 .
F. Policies and programs as applicable to titles 1,
2 , 3 , 4 and 5 of the Americans with Disabilities
Act of 1990 shall be reviewed and monitored by
the ADA Compliance Commission.
G. Establish and monitor a grievance procedure that
will abate all ADA complaints on a local level .
When requested, the Commission will provide a
grievance mediation on a case-by-case basis .
INTRODUCED: February 23 , 2004
PASSED 1ST CONSIDERATION: February 23 , 2004
PASSED 2ND CONSIDERATION: February 23 , 2004
PASSED 3RD CONSIDERATION: February 23 , 2004
PASSED AND ADOPTED by the City Council of the City of
Waterloo, Iowa, on the 23rd day of February, 2004 and approved by
the Mayor on the 25th day of February, 2004 .
Wt-4
Tim Hurley, Ma or
ATTEST:
Nanc Eck t, City Clerk
Ordinance No. 4672
Page 4
CERTIFICATE
I , Nancy Eckert, City Clerk of the City of Waterloo, Iowa,
do hereby certify that the preceding is a true and complete copy
of Ordinance No. 4672, as passed and adopted by the Council of
the City of Waterloo, Iowa, on the 23rd day of February, 2004 .
Witness my hand and seal of office this 25th day of
February, 2004 .
SEAL Nanc Eck , City Clerk