RESOLUTION 2025-005
OF THE
BOARD OF DIRECTORS OF THE EAST CHERRY CREEK VALLEY WATER AND SANITATION DISTRICT

A RESOLUTION ADOPTING THE EAST CHERRY CREEK VALLEY WATER AND SANITATION DISTRICT REVISED TECHNOLOGY ACCESSIBILITY STATEMENT AND DIRECTING COMPLIANCE WITH THE ACCESSIBILITY RULES

At a regular meeting of the Board of Directors of the East Cherry Creek Valley Water and Sanitation District, Arapahoe County, Colorado, held at 5:00 P.M., on Thursday, June 26, 2025 at 6201 S. Gun Club Road, Aurora, Colorado 80016; via Microsoft Teams at Meeting ID: 233 742 582 257, Passcode: qmgrZ63n; and via telephone conference at Dial-In: 1-872-215-6296, Phone Conference ID: 222 296 410#, at which a quorum was present, the following resolution was adopted:

WHEREAS, East Cherry Creek Valley Water and Sanitation District (the “District”) is a special district organized and existing pursuant to Sections 32-1-101 et seq., C.R.S.; and

WHEREAS, the Board of Directors of the District (the “Board”) has a duty to perform certain obligations in order to assure the efficient operation of the District; and

WHEREAS, pursuant to Section 32-1-1001(1)(m), C.R.S., the District’s Board is authorized to adopt, amend, and enforce bylaws and rules and regulations not in conflict with the constitution and the laws of the State for carrying on the business, objects, and affairs of the Board and the District; and

WHEREAS, the Colorado Anti-Discrimination Act (“CADA”), as set forth in Title 24, Article 34, Parts 3 through 8 of the Colorado Revised Statutes provides that it is unlawful to discriminate against an individual with a disability as that term is defined in Section 24-34-301(7), C.R.S.; and

WHEREAS, the Colorado General Assembly, through House Bill 21-1110 and subsequently amended by Senate Bill 23-244 (the “Technology Accessibility Bills”), amended CADA to include certain provisions regarding website accessibility for individuals with disabilities; and

WHEREAS, the Technology Accessibility Bills require the Colorado Office of Information Technology (the “OIT”) to establish rules regarding information technology systems accessibility standards for individuals with disabilities; and

WHEREAS, on February 23, 2024, the OIT adopted the Rules Establishing Technology Accessibility Standards as contained in 8 CCR § 1501-11, et seq., to define the accessibility standards and compliance parameters for individuals with a disability for information systems; and

WHEREAS, on May 9, 2025, the OIT adopted amendments to the Rules Establishing Technology Accessibility Standards as contained in 8 CCR § 1501-11, et seq., (the “Accessibility Rules”) to emphasize progress over strict technical conformance for technology accessibility and more clearly align with federal laws; and

WHEREAS, the Technology Accessibility Bills set forth that the Accessibility Rules apply to public entities which expressly includes special districts; and

WHEREAS, the Accessibility Rules apply to all information communication technology (the “ICT”), as such term is defined in the Accessibility Rules, that is in active use or ICT that is newly created, developed, acquired, altered, updated, or purchased on or after July 1, 2024; and

WHEREAS, compliance with the Accessibility Rules requires the District to adopt and publicly post in a conspicuous place a Technology Accessibility Statement, as such term is defined in the Accessibility Rules, by July 1, 2024; and

WHEREAS, compliance with the Accessibility Rules further requires the District to make ICT that is in active use accessible by meeting one or a combination of the compliance options set forth in under the Accessibility Rules; and

WHEREAS, on May 9, 2024, the Board approved a resolution adopting the then applicable Accessibility Rules and the Technology Accessibility Statement and directing posting of and compliance with the same; and

WHEREAS, the District desires to adopt a revised Technology Accessibility Statement and comply with the Technology Accessibility Bills and the Accessibility Rules, as may be further amended from time to time.

NOW THEREFORE, THE BOARD OF DIRECTORS OF EAST CHERRY CREEK VALLEY WATER AND SANITATION DISTRICT HEREBY RESOLVES AS FOLLOWS:

1. Accessibility Rules. The District recognizes the adoption of the Accessibility Rules, as contained within 8 CCR § 1501-11, et seq., as may be amended from time to time, and shall comply with the applicable requirements contained therein.

2. Technology Accessibility Statement. The District adopts the revised Technology Accessibility Statement attached hereto in Exhibit A (the “Statement”) in accordance with the Accessibility Rules. The District directs District staff to take the actions necessary to facilitate the conspicuous public posting of the Statement on the District’s website as soon as possible but not later than July 1, 2025 in accordance with the Accessibility Rules. The District directs District staff to periodically update the Statement as needed to ensure compliance with future amendments or guidance to the Accessibility Rules.

3. Accessibility Plan. The District directs District staff to prepare, publish, and periodically update an accessibility plan that demonstrates good faith progress with the Accessibility Rules in accordance with requirements set forth in the Accessibility Rules, as may be amended from time to time.

4. Reasonable Accommodations and Modifications. The District directs District staff to provide reasonable accommodations and modifications, when requested, to enable an individual with a disability to access public-facing ICT in order to further access the District’s programs, services, and activities in accordance with the Accessibility Rules. No payment is required to cover the costs of such accommodations or modifications.

5. Actions to Effectuate Resolution. District staff and legal counsel for the District are authorized and directed to take all actions necessary and appropriate now and as may be needed in the future to effectuate this Resolution and compliance with the Accessibility Rules, as may be amended from time to time. All actions not inconsistent with the provisions of this Resolution heretofore taken by the members of the Board of Directors and/or management or legal counsel for the District and the officers, agents and employees of the District and directed toward effectuating the purposes stated herein are hereby ratified, approved and confirmed.

6. Effective Date. This Resolution shall take effect on the date and at the time of its adoption.

APPROVED AND ADOPTED THIS 26TH DAY OF JUNE 2025.