1. RES ADA Self-Evaluation and Transition Plan
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RESOLUTION NO. R2026-012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUMA, ARIZONA, ADOPTING THE 2025 AMERICANS WITH DISABILITIES ACT (ADA) SELF-EVALUATION AND TRANSITION PLAN WHEREAS, the Congress of the United States enacted the Americans with Disabilities Act of 1990 (ADA), as amended, to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities; and, WHEREAS, Title II of the ADA requires local governments to develop a Self-Evaluation and Transition Plan that identifies physical and structural barriers that may limit or prevent access to the City’s facilities, programs, and services by individuals with disabilities, and that further sets forth a plan for removing or mitigating such barriers; and, WHEREAS, the City approved Ordinance No. 02023-019 which amended Yuma City Code, Title 13, Health and Safety, Chapter 141 to establish an ADA Advisory Commission (Commission) for the purpose of advising the City Administrator and City staff in matters pertaining to the needs and interests of, and barriers impacting the disabled community; and, WHEREAS, the City of Yuma has appointed an ADA Coordinator and established a grievance procedure for inclusion and integration of disabled persons’ needs consistent with the vision and purpose of the ADA; and, WHEREAS, in compliance with Title II of the ADA, the City and its consultant have completed a Self-Evaluation and Transition Plan attached and incorporated into this resolution by reference as Exhibit A; and, WHEREAS, the Commission recommended the Self-Evaluation and Transition Plan for City Council’s approval at the February 10, 2026 Commission meeting for guidance and consideration within the context of the City’s future planning including the City’s Capital Improvement Program; and, WHEREAS, the Capital Improvement Program represents the Yuma City Council’s legislative policy and direction for funding and constructing capital improvements and maintenance with a balance of available resources against recognized needs; and, WHEREAS, the adopted Capital Improvement Program will reflect the City Council’s legislative intent and decision making to prioritize expenditure of limited resources and the City Council’s decision to not allocate the limited resources in other areas. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Yuma, Arizona, as follows: SECTION 1: The City of Yuma’s Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan attached as Exhibit A, including the Grievance Policy and Grievance Form is adopted as a planning and guidance document to assist the City in achieving and maintaining compliance with applicable federal and state accessibility laws.. SECTION 2: In accordance with the ADA and A.R.S. §§ 12-820.01 through 12-820.05, the City Administrator shall consider the Self-Evaluation and Transition Plan when making decisions and recommendations concerning City infrastructure, facilities, services, programs, and assets. Implementation of the Self-Evaluation and Transition Plan shall remain subject to the City’s discretionary authority, budgetary determinations, operational priorities, and applicable law. SECTION 3: City departments are directed to utilize the Self-Evaluation and Transition Plan as a framework for identifying, prioritizing, and addressing accessibility improvements through the City’s capital improvement planning, maintenance programs, and operational processes. SECTION 4: This Resolution and the Self-Evaluation and Transition Plan are adopted for the purpose of facilitating compliance with applicable law. Nothing herein shall be construed to create any private right of action, substantive or procedural right, or basis for liability beyond those rights and remedies otherwise provided by law. Nothing in this Resolution or the Self-Evaluation and Transition Plan shall be deemed to waive, limit, or impair any immunity, defense, or limitation of liability available to the City under federal or Arizona law, including A.R.S. §§ 12-820.01 through 12-820.05. SECTION 5: If any provision of this Resolution is held invalid or unenforceable, such invalidity shall not affect the remaining provisions, which shall remain in full force and effect. Adopted this day of , 2026. APPROVED: ______________________ Douglas J. Nicholls Mayor ATTESTED: ____________________________ Lynda L. Bushong City Clerk APPROVED AS TO FORM: _____________________________ Richard W. Files City Attorney