SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND AMARILLO, TEXAS UNDER THE AMERICANS WITH DISABILITIES ACT DJ 204-73-176, Attachment J

Attachment J: Modifications to Altered Facilities

Please Note: Paragraph 49 of the Settlement Agreement requires that within three months of the effective date of this Agreement, the City provide 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.

Within 18 months of the effective date of the Agreement, in order to ensure that the following spaces and elements in the Civic Center, which has been altered since January 26, 1992, are readily accessible to and usable by persons with disabilities, the City will complete the following modifications:

1. General: There are no text telephones (TTY's), TTY shelves, or outlets provided at any of the pay telephones. Provide at least one interior public text telephone complying with Standards §§ 4.1.6(e), 4.31.9.

2. South Exhibit Hall

a. Women's Toilet Room with Stalls (existing)

i. The entrance to the toilet room is inaccessible because there is only 43 inches of depth between the vestibule created by the two doors. Provide a designated accessible entrance that has a minimum space between two hinged or pivoted doors of 48 inches plus the width of any door swinging into the space, with doors swinging in either the same direction or away from the space between the doors. Standards § 4.13, Figs. 24, 25, 26.

ii. The light switch is inaccessible because the controls are mounted at 55 inches above the finished floor. Provide a light switch with the controls a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

iii. Although one toilet stall has some features for persons with disabilities, there is no toilet stall provided for persons who use wheelchairs. Provide a "standard" accessible toilet stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that all of the stall's elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls, coat hook, and dispensers, comply with the Standards. Standards §§ 4.13, 4.16, 4.17, 4.26, 4.27, Fig. 30.

b. Men's Toilet Room with Stalls (existing)

i. No urinal is accessible because the rim height of all 4 urinals is 19 ½ inches above the finished floor and the flush control is 45 inches above the finished floor. Provide a urinal with an elongated rim mounted 17 inches or less above the finished floor, a clear floor space of at least 30 inches wide and 48 inches deep centered on the urinal, and a flush control height of 44 inches or less above the finished floor. Standards §§ 4.18.2, 4.18.3, 4.18.4.

ii. Although one toilet stall has some features for persons with disabilities, there is no toilet stall provided for persons who use wheelchairs, and there is no signage directing people with disabilities to the accessible toilet rooms. Provide accessible directional signage with the International Symbol of Accessibility at inaccessible toilet rooms indicating the location of the nearest accessible toilet room, and provide accessible signage with the International Symbol of Accessibility at all accessible toilet rooms. Standards §§ 4.1.2(7)(d), 4.1.6(3)(e)(iii), 4.30.1, 4.30.2, 4.30.3, 4.30.5, 4.30.7.

c. Drinking Fountains near South Exhibit Hall: The lower wall-mounted drinking fountain is inaccessible because there is inadequate knee clearance provided. Provide a drinking fountain with clear knee space between the bottom of the apron and the finished floor or ground of at least 27 inches high, 30 inches wide, and 17 to 19 inches deep; and a minimum clear floor space of 30 inches by 48 inches to allow a person in a wheelchair to approach the unit facing forward. Standards § 4.15.5(1), Figs. 27(a), (b).

3. Regency Room

a. Men's Toilet Room with Stalls (existing)

i. None of the urinals is low enough to be accessible to persons who use wheelchairs. Provide a urinal with an elongated rim mounted 17 inches or less above the finished floor, a clear floor space of at least 30 inches wide and 48 inches deep centered on the urinal, and a flush control height of 44 inches or less above the finished floor. Standards §§ 4.18.2, 4.18.3, 4.18.4.

ii. No accessible coat hook has been provided. Provide a coat hook at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

iii. Although 1 of the 8 toilet stalls is designed for ambulatory persons with disabilities, there is no accessible "standard" stall provided that would be accessible to persons who use wheelchairs. Provide a "standard" accessible toilet stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that all of the stall's elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls, coat hook, and dispensers, comply with the Standards. Standards §§ 4.13, 4.16, 4.17, 4.26, 4.27, Fig. 30.

b. Women's Toilet Room with Stalls (existing)

i. The door which is accessed through a front approach, is inaccessible because it has less than 18 inches of maneuvering clearance on the latch side of the door. On the pull side of the door, provide maneuvering clearance at least 60 inches deep and provide a minimum of 18 inches (24 inches is preferred) of maneuvering clearance on the latch side of the door. Standards § 4.13.6, Fig. 25(a).

ii. Although 1 of the 11 toilet stalls is designed for ambulatory persons with disabilities, this stall is 33 inches wide, the door is not self-closing, and the toilet paper dispenser interferes with the use of the side grab bar. Provide at least one stall that is exactly 36 inches wide with a toilet 18 inches from each wall or partition, an outward swinging, self-closing door, and parallel grab bars complying with Fig 30(d). Standards §§ 4.22.4, Fig. 30(d).

iii. There is no accessible toilet stall provided for persons who use wheelchairs. Provide a "standard" accessible toilet stall at least 60 inches wide and at least 59 inches deep (or at least 56 inches deep with a wall-mounted toilet) such that all of the stall's elements, including stall door, stall door hardware, water closet, size and arrangement, toe clearances, grab bars, controls, coat hook, and dispensers, comply with the Standards. Standards §§ 4.13, 4.16, 4.17, 4.26, 4.27, Fig. 30.

c. Drinking Fountains: The lower wall-mounted drinking fountain is inaccessible because there is no knee clearance provided. Provide a drinking fountain with clear knee space between the bottom of the apron and the finished floor or ground of at least 27 inches high, 30 inches wide, and 17 to 19 inches deep; and a minimum clear floor space of 30 inches by 48 inches to allow a person in a wheelchair to approach the unit facing forward. Standards § 4.15.5(1), Figs. 27(a), (b).

4. North Exhibit Hall (altered)

a. Women's Toilet Room with Stalls

i. The toilet room sign is not accessible because it is mounted with the centerline at 64 ½ inches above the finished floor. Provide a toilet room sign with the International Symbol of Accessibility and raised and Braille characters mounted on the wall adjacent to the latch side of the door with the centerline of the sign 60 inches above the finished floor and situated such that a person can approach within 3 inches of the sign without encountering an obstruction or standing within a door swing. Standards §§ 4.1.2(7)(d), 4.30.1, 4.30.4, 4.30.5, 4.30.6, 4.30.7.

ii. Toilet Stall for Persons Who Use Wheelchairs

(1) The toilet paper dispenser is inaccessible because it is mounted 43 ½ inches from the rear wall. Provide a toilet paper dispenser that is mounted with its top at least 1½ inches under the side grab bar and 36 inches or less from the rear wall and is centered at least 19 inches above the finished floor. Standards § 4.17.3, Fig. 30(d).

(2) The coat hook is inaccessible. Provide a coat hook at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

iii. The toilet stall for ambulatory people with disabilities is 39 inches wide. Provide at least one stall that is exactly 36 inches wide with a toilet 18 inches from each wall or partition, an outward swinging, self-closing door, and parallel grab bars complying with Fig 30(d). Standards §§ 4.22.4, Fig. 30(d).

b. Men's Toilet Room with Stalls: In the "standard" toilet stall for persons who use wheelchairs, no accessible coat hook has been provided. Provide a coat hook at a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.25.2, 4.25.3, 4.2.4, 4.2.5, 4.2.6.

5. Heritage Room – Women's Toilet Room with Stalls (altered): The toilet stall for ambulatory persons with disabilities is 38 inches wide. Provide at least one stall that is exactly 36 inches wide with a toilet 18 inches from each wall or partition, an outward swinging, self-closing door, and parallel grab bars complying with Fig 30(d). Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, Fig. 30(d).

6. Auditorium (Existing)

a. Men's Toilet Room with Stalls

i. The lavatory is inaccessible because the faucet requires twisting of the wrist to operate. Provide a lavatory with a faucet that can be operated with 5 pounds of force or less and can be used with one hand and without tight grasping, pinching, or twisting of the wrist (lever-operated, push-type, and electronically controlled mechanisms are examples of acceptable designs). Standards §§ 4.19.5, 4.27.4.

ii. The lavatory hot water and drain pipes are not insulated or otherwise configured to protect against contact. Provide hot water and drain pipes that are insulated or otherwise configured to protect against contact. Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.6, 4.19.4.

iii. In the toilet stall for persons with disabilities, the toilet centerline measures 19 inches from the side wall. Provide a toilet with a centerline that measures 18 inches from the near side wall. Standards § 4.17.3, Fig. 30.

b. Women's Toilet Room with Stalls

i. In the toilet stall for persons who use wheelchairs, the toilet paper dispenser is inaccessible because it is not mounted under the side grab bar. Provide a toilet paper dispenser that is mounted with its top at least 1½ inches under the side grab bar and 36 inches or less from the rear wall and is centered at least 19 inches above the finished floor. Standards § 4.17.3, Fig. 30(d).

ii. The toilet stall for ambulatory persons with disabilities in the back area is 41 inches wide and the grab bars are too short. Provide at least one stall that is exactly 36 inches wide with a toilet 18 inches from each wall or partition, an outward swinging, self-closing door, and parallel grab bars complying with Fig 30(d). Standards §§ 4.22.4, Fig. 30(d).

c. Drinking Fountains Near Toilet Rooms: These drinking fountains are all mounted with their spouts at 41 inches above the finished floor. Provide at least drinking fountain with a spout height no higher than 36 inches, measured from the finished floor or ground surface to the spout outlet; and a spout located at the front of the unit that directs the water flow in a trajectory that is nearly parallel to the front of the unit and is positioned so the flow of water is within 3 inches of the front edge of the fountain and at least 4 inches high. Ensure that fountain controls are operable with one hand, require 5 lbf or less to operate without tight grasping, pinching, or twisting of the wrist; and are front mounted or side mounted near the front edge. Standards §§ 4.1.3(10), 4.1.6(1)(b), 4.15, 4.27.4, Fig. 27.

7. Grand Plaza (Existing)

a. Men's Toilet Room with Stalls

i. Toilet Stall for Persons with Disabilities

(1) The side grab bar at the toilet is inaccessible because the far end is 48 inches from the rear wall. Provide a side grab bar that is at least 40 inches in overall length, with the far end mounted at least 52 inches from the rear wall and the closer end 12 inches or less from the rear wall. Standards § 4.17.6, Figs. 30(a), (d).

(2) The rear grab bar at the toilet is inaccessible because it is 33 inches in overall length. Provide a rear grab bar that is at least 36 inches in overall length with the closer end no more than 6 inches from the side wall. Standards § 4.17.6, Fig. 30.

b. Women's Toilet Room with Stalls

i. Toilet Stall for Persons with Disabilities

(1) The rear grab bar at the toilet is inaccessible because it is 33 inches in overall length. Provide a rear grab bar that is at least 36 inches in overall length with the closer end no more than 6 inches from the side wall. Standards § 4.17.6, Fig. 30.

(2) The side grab bar at the toilet is inaccessible because the far end is 48 inches from the rear wall. Provide a side grab bar that is at least 40 inches in overall length, with the far end mounted at least 52 inches from the rear wall and the closer end 12 inches or less from the rear wall. Standards § 4.17.6, Figs. 30(a), (d).

8. Coliseum

a. Men's Toilet Room with Stalls at Section 104 (Existing)

i. Toilet Stall for Persons with Disabilities

(1) The side grab bar at the toilet is inaccessible because the distance of the far end to the rear wall is 41 ½ inches and its overall length is 38 inches. Provide a side grab bar that is at least 40 inches in overall length, with the far end mounted at least 52 inches from the rear wall and the closer end 12 inches or less from the rear wall. Standards § 4.17.6, Figs. 30(a), (d).

(2) The rear grab bar at the toilet is inaccessible because the closer end is 8 inches from the side wall and the overall length is 33 inches. Provide a rear grab bar that is at least 36 inches in overall length with the closer end no more than 6 inches from the side wall. Standards § 4.17.6, Fig. 30.

b. Women's Toilet Room with Stalls at Section 104 (Existing)

i. The paper towel dispenser is mounted with its highest operating controls at 59 inches above the finished floor and requires a forward approach. Provide a paper towel dispenser with the controls a maximum height above the finished floor of 48 inches for a forward approach or 54 inches for a side approach and that is accompanied by clear floor space of 30 by 48 inches that allows a forward or parallel approach by a person using a wheelchair. Standards §§ 4.1.3(13), 4.1.6(1)(b), 4.27.2, 4.27.3, 4.2.4, 4.2.5, 4.2.6.

ii. Toilet Stall for Persons with Disabilities

(1) The toilet is inaccessible because the flush control is on the closed side. Provide a flush control mounted on the "open" side of the toilet's clear floor space; 44 inches or less above the finished floor; and requiring a maximum of 5 pounds of force to operate; or provide an automatic flush device. Standards §§ 4.16.5, 4.17.2, 4.27.4.

(2) The side grab bar at the toilet is inaccessible because the distance of the far end to the rear wall is 42 ½ inches and it is 37 inches in overall length. Provide a side grab bar that is at least 40 inches in overall length, with the far end mounted at least 52 inches from the rear wall and the closer end 12 inches or less from the rear wall. Standards § 4.17.6, Figs. 30(a), (d).

(3) The rear grab bar at the toilet is mounted 32 inches above the finished floor. Provide a rear grab bar that is at least 36 inches in overall length, with the closer end no more than 6 inches from the side wall; mounted 33 to 36 inches above the finished floor; with a diameter between 1¼ and 1½ inches; with 1½ inches between the grab bar and the wall; and at least 1½ inches between the grab bar and any other object, such as a toilet seat cover dispenser. Standards §§ 4.1.3(11), 4.1.6(1)(b), 4.22.4, 4.17.6, 4.26.2, Fig. 30.

c. Men's Toilet Room with Stalls at Section 119 (Existing)

d. Women's Toilet Room with Stalls at Section 119 (Existing)

ii. In the toilet stall for persons with disabilities, the toilet flush control is on the closed side. Provide a flush control mounted on the "open" side of the toilet's clear floor space; 44 inches or less above the finished floor; and requiring a maximum of 5 pounds of force to operate; or provide an automatic flush device. Standards §§ 4.16.5, 4.17.2, 4.27.4.

e. Drinking Fountains at Sections 128 and 103 (Existing): The drinking fountains have spouts that are 42 inches above the finished floor. For each, provide a fountain that has a spout height no higher than 36 inches, measured from the finished floor or ground surface to the spout outlet, and that otherwise complies with the Standards. Standards §§ 4.15, 4.27.4, Fig. 27. Alternatively, provide signage indicating that accessible drinking fountains are available near sections 113/ 114/ 115 and 116/ 117/ 118.

September 8, 2009