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Section 14-26-3. Powers and duties of director. Upon request and subject to council authorization, the availability of appropriations, and necessary resources, the director may improve, grade, repair, or do construction work upon portions of private, nondedicated, and non -surrendered roads that have been determined by the director, in the director's discretion, to meet the criteria set forth in this article. Section 14-26-4. Eligibility criteria to be considered. Subject to the availability of appropriations and necessary resources, the department may improve, grade, repair, or do construction work by remedial patching, resurfacing, or paving upon those portions of private, nondedicated, and non -surrendered roads that have been determined by the director to meet the following criteria: (1) The subject road has not been dedicated or surrendered to the County or any other governmental entity, and is not otherwise owned by the County or any other governmental entity; (2) The subject road is not maintained by any governmental entity other than the County pursuant to this article; (3) The subject road is open to, serves, and benefits the general public; (4) The subject road is not signed, marked, delineated, fenced, barricaded, or otherwise designed, constructed, or operated to exclude access by the general public, in whole or in part, which may be through such means as signs indicating that the road is a "private" road, or any restrictions on parking that are not applicable to all persons except as otherwise provided by law; (5) The subject road directly serves one of the following: (A) Fifty or more contiguous parcels; (B) Fifty or more residential structures; or (C) A parcel of land which has two or more condominium buildings or apartment buildings that contain twenty-four or more condominium or apartment units; (6) The subject road is not part of a cluster plan development, planned development, or similar type of development; (7) Improving, grading, repairing, or construction work upon the subject road by the County will be practicable and safe; (8) The developer or subdivider of the subject road has not agreed to maintain the subject road in perpetuity; (9) Improvement, grading, repair, or construction work upon the subject road surface will increase the safety of motorists, bicyclists, and pedestrians or is otherwise in the public interest; (10) The current owners have lacked the financial resources or ability to secure authority to improve, grade, repair, or do construction work upon the subject road for a period sufficient to demonstrate this ability will not be restored or obtained within the foreseeable future; and 3