SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICAN AND THE CITY OF WAUKEGAN, ILLINOIS UNDER THE AMERICANS WITH DISABILITIES ACT

PHYSICAL CHANGES TO FACILITIES

39. The elements or features of the City of Waukegan facilities that do not comply with the Standards, including those listed in this section, prevent persons with disabilities from fully and equally enjoying the City of Waukegan services, programs, or activities and constitute discrimination on the basis of disability within the meaning of 42 U.S.C. § 12132 and 28 C.F.R. §§ 35.149 and 35.150.

40. The City of Waukegan will comply with the cited provisions of the Standards when taking the actions required by this Agreement.

41. Within four months of the effective date of this Agreement, the City of Waukegan will install signage as necessary to comply with 28 C.F.R. § 35.163(b), after having surveyed all facilities that are the subject of this Agreement for the purpose of identifying those that have multiple entrances not all of which are accessible.

42. Newly Constructed Facilities: In order to ensure that the following spaces and elements in City facilities, for which construction was commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the City will take the actions listed in Attachment H.

43. Waukegan City Hall 2004 - New Construction The New City Hall was competed during the summer of 2004.  The Department reviewed the preliminary plans for the new City Hall (not including the construction manual). The Department will conduct an onsite inspection of the New City Hall and will supplement this Agreement to the extent necessary to ensure that all aspects of the new facility comply with the ADA. The City of Waukegan will cooperate in good faith with the Department in this regard.

44. In conjunction with the new City Hall, the City may redesignate the existing Municipal Hall, Municipal Hall Addition, and Municipal Hall Police Station (which are all adjoining), for new purposes. In doing so, it may eliminate or change the purpose of other City-owned or -managed facilities as functions are moved to the renovated old Municipal Hall. If the modifications required by the language of Attachments H, I, and J are reasonably anticipated to become moot before the expiration of the deadlines associated with those modifications, the City may request in writing that the Department release the City from the relevant obligations, or revise the obligations, as appropriate. The Department will notify the City, in writing, within 30 days of receiving such a request. The Department shall not unreasonably deny such a request.

45. Altered Facilities: In order to ensure that the following spaces and elements in City facilities, for which alterations commenced after January 26, 1992, are readily accessible to and usable by persons with disabilities, the City will take the actions listed in Attachment I.

46. Program Access in Existing City Facilities: In order to ensure that each of the City’s programs, services, and activities operating at a facility that is the subject of this Agreement, when viewed in its entirety, is readily accessible to and usable by persons with mobility impairments, the City will take the actions listed in Attachment J.