§ 26-361. Location and construction of Memphis Area Transit Authority bus shelters.

The construction of public transit bus shelters within the county shall be in accordance with the terms and conditions outlined herein. The purpose of this section is to establish the procedure for the approval of site locations and to establish the requirements for construction of bus shelters to be constructed on county right-of-way by any company contracting with the county and/or the Memphis Area Transit Authority (MATA) to provide such shelters. Any company so contracting with the county MATA shall be designated herein as "contractor." The site approval procedure for any bus shelter constructed entirely on county right-of-way is as follows:

(1)

MATA shall determine which proposed transit bus shelter locations are acceptable for construction in accordance with MATA's routes and the criteria set forth below. MATA shall deliver lists of proposed sites to the county engineer's office. For each proposed site location, the contractor shall submit a detailed schematic diagram, drawn with correct dimensions shown, which shows major site features, distances from adjacent driveways and intersections, and structures and public utilities facilities within or adjacent to the right-of-way that may effect the construction of the shelter or its placement within the right-of-way. No site shall be located on right-of-way in front of property zoned for and used as a single-family residence, unless agreed to in writing by property owner.

(2)

The county engineer's office may accept or reject any proposed location on MATA's list of proposed site locations. If the county engineer's office has not responded at the end of 20 working days following submission of all required technical data, the list of MATA proposed site locations shall be deemed to have been approved by the county engineer's office. At the contractor's request, and upon payment of the applicable fee, the county engineer's office shall issue an appropriate permit to the contractor for each approved site location, provided contractor posts the appropriate performance bond and provides the required certificates of insurance as outlined herein.

(3)

For any location rejected by the county engineer's office for failure to comply with the terms and conditions outlined herein, the county engineer's office shall notify the contractor in writing and by regular mail, citing the reasons why the location has been rejected. In the event that the contractor disagrees with the determination of the county engineer, the contractor may appeal the decision of the county engineer to the county director of public works.

(4)

If dissatisfied with the decision of the county director of public works, the contractor shall have the right to appeal to the county board of commissioners. The appeal shall then be submitted to the board of commissioners for a final and binding decision by vote of simple majority of those present.

(5)

MATA and the contractor shall follow the criteria listed below to determine the site location for erection of bus shelters:

a.

Following receipt of MATA's selection of a site at a signalized public intersection, the county engineer shall approve a shelter located within 25 feet of the proposed MATA bus stop sign, provided no unsafe conditions are created thereby. As a part of such approval, the county engineer may require that additional traffic control devices be installed at such intersection when necessary for public safety. Such installation shall be at the expense of the contractor.

b.

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

c.

In no event shall sites be approved closer to each other on the same side of the street than 600 feet, unless there is a street intersection between them. Any deviation from this requirement would require additional review by the county engineer. In no event shall any intersection have more than four shelters located within 300 feet from the roadway centerline intersection.

d.

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

(6)

Any bus shelter which is or may be partially or totally constructed on county right-of-way shall be constructed in accordance with a permit issued by the Memphis and Shelby County Office of Construction Code Enforcement, upon payment of the appropriate fees. Such construction shall comply with all applicable provisions of the several joint construction codes of Memphis and Shelby County and the Americans With Disabilities Act.

(7)

In the event that any shelter constructed shall become damaged so as to make it become a hazard to the public or become unsightly, the contractor shall within 48 hours of being so notified by county, remove, repair, or cause to have removed at its expense the shelter or its damaged elements, to the satisfaction of the county engineer.

(8)

During the term of construction of any and all such shelters constructed under the terms and conditions of this section, the contractor shall maintain and provide a proper certificate showing evidence of public liability and property damage insurance in an amount and form acceptable to county and post a performance bond payable to county in an amount of $50,000.00. Said bond shall be posted before the county engineer is obligated to issue a permit for the construction of a structure at any location.

(9)

During the term of construction of any and all such shelters constructed under the terms and conditions of this section, the contractor shall maintain at all times, sufficient barricades and warning devices to adequately protect the public from injury and damage by properly safeguarding all worksites, to the satisfaction of the county engineer.

(Code 1992, § 20-29.3; Ord. No. 175, § 1, 4-8-1996)