§ 12-4-4. Bus shelters.

The purpose of this section and legislation is to establish the procedure for the approval of site locations for bus shelters to be constructed on sidewalks by any company or companies contracting with the city or MATA to provide such shelters ("government contractor"). Any shelter(s) meeting the criteria set forth below shall be approved by the city engineer. If there is any dispute regarding a particular shelter's location, the government contractor shall, after exhaustion of its appeal to the CAO, have the right to appeal to the Memphis City Council Transportation Committee. The Memphis City Council Transportation Committee shall review the matters presented and may, at its option, adopt a recommendation of Memphis City Council action. The appeal will then be submitted to the Memphis City Council for a final and binding decision by a simple majority of those members present. The site approval procedure for any bus shelter constructed entirely on a city sidewalk is as follows:

A.

MATA will determine which proposed transit shelters are acceptable for construction in accordance with MATA's routes, and the criteria set forth below. MATA will deliver approved lists, of not more than 20 shelters each week, to the city engineering division. For each approved site location, the government contractor will also submit a detailed schematic diagram which shows major site features, distances from adjacent driveways and intersections, etc., as prescribed by MATA's administrative procedures memorandum.

B.

The city engineering division will have five working days to accept or reject MATA's list of approved site locations. If the city engineering division has not responded at the end of five days, the locations will be deemed to have been approved by the city engineering division. At the government contractor's request and upon payment of the fee, the city engineering division will immediately issue a sidewalk cut permit to the government contractor for each approved site location.

C.

For any location properly rejected in compliance herewith by the city engineering division, the city engineering division will highlight the rejected locations and send a copy of the highlighted list to MATA, the government contractor, and the CAO along with the reasons why each shelter has been rejected. Within five working days from receipt of such rejection, the CAO will make a written determination of whether or not the disputed site locations are approved.

D.

If the CAO is unable to act within five working days because of vacation or other absences from the office, the CAO's secretary will notify MATA, the government contractor and the engineering division of such absence, and will specify a date for a decision not more than five days after his or her return to the office. If MATA does not receive a written decision from the CAO within the time specified, the locations will be deemed to have been approved. At the government contractor's request and upon payment of the fee, the city engineering division will immediately issue a sidewalk cut permit to the government contractor for each approved site location.

E.

If dissatisfied with the decision of the CAO, the government contractor shall have the right to appeal to the Memphis City Council Transportation Committee. The Memphis City Council Transportation Committee shall review the matters presented and may, at its option, adopt a recommendation of Memphis City Council action. The appeal will then be submitted to the Memphis City Council for a final and binding decision by vote of a simple majority of those present.

F.

The city engineer shall follow the criteria listed below to determine the site locations which should be approved for bus shelters pursuant to this title:

1.

Following receipt of MATA's approval of a site at a signalized public intersection, the city engineer shall approve a shelter located within 25 feet of the approved MATA site at a signalized intersection. Irrespective of such approval, the city engineer may require that additional traffic control devices be installed at such intersection where necessary for public safety. Such installation shall be at the expense of the government contractor; provided, however, that the city engineer may approve a distance greater than 25 feet from the originally MATA approved site, if any only if MATA also approves the greater distance.

2.

Any existing MATA shelter shall be approved for retrofitting, including movement at the site, by the government contractor, although such shelter may not be moved more than 25 feet from its existing location; provided, however, that the city engineer may approve a distance greater than 25 feet from the originally MATA approved site, if and only if MATA also approves the greater distance.

3.

In the event that the placement of a shelter is near a private drive or access point, the shelter shall be placed outside the required site triangle prescribed in the current Memphis and Shelby County subdivision landscape requirements.

4.

If any shelter herein is or may be partially or totally constructed on private property, the shelter may be approved for construction by the city engineer if the Memphis and Shelby County Office of Construction Code Enforcement determines the shelter to be in compliance with applicable ordinances of the city and Shelby County.

(Code 1985, § 34-4; Ord. No. 4364, § 1, 10-10-1995)