2488                               Municipal Charters

be offered. The burden shall be on the petitioner or petitioners to prove
compliance with the preceding requirements of this Section. Counter pe-
titions may be filed by anyone interested at anytime up to and including
the hearing of the petition. The Director of Public Works or his designee
may continue the hearing from time to time in order to require the
petitioner or petitioners or counter petitioners or protestants to furnish
additional information. Within sixty (60) days after the conclusion of
the proceedings the Director of Public Works or his designee shall approve
or disapprove the petition. The Director of Public Works or his designee
under no circumstances may approve the petition unless he shall find
from the evidence that the street, avenue, road or alley will be of a
public rather than a private convenience and that the same will serve
at least five (5) dwellings or commercial buildings for each mile so
petitioned.

(f)   The decision of the Director of Public Works or his designee
shall be appealable to the Board of Appeals even though his approval
of any such petition shall not be considered a final approval and acceptance.

(g)  If the Director of Public Works or his designee determines that
the petition should be allowed he may, after the expiration of any appeal
period and with the written approval of the County Executive, cause
interim, emergency improvements to be made to the subject street, avenue,
road or alley and, in addition, he shall cause the Department of Public
Works to prepare an estimate for the cost of the necessary improvements
to the street, avenue, road or alley, including drainage and appurtenances,
to bring same up to then current county requirements. The estimate
of costs shall be then included in the next succeeding annual budget
request of the Department of Public Works and upon recommendation of
such item by the County Executive and approval thereof by the County
Council, the Director of Public Works shall formally approve the petition,
have the necessary conveyances prepared, initiate such condemnations as
may be necessary and, subject to budget limitations, proceed to have
the improvements made.

Section 2. AND BE IT FURTHER ENACTED, That this Ordinance
shall take effect forty-five (45) days IS HEREBY DECLARED TO BE
AN EMERGENCY ORDINANCE AND NECESSARY FOR THE IMME-
DIATE PRESERVATION OF THE PUBLIC PEACE, HEALTH, SAFE-
TY, WELFARE, AND PROPERTY, AND BEING PASSED BY THE AF-
FIRMATIVE VOTE OF FIVE (5) MEMBERS OF THE COUNTY COUN-
CIL, THE SAME SHALL TAKE EFFECT from the date it becomes law.

READ AND PASSED this 15th day of September, 1969.

By Order: Evelyn M. Boettcher, Secretary

PRESENTED to the County Executive for his approval this 17th day of
September, 1969.

Evelyn M. Boettcher, Secretary
APPROVED AND ENACTED: September 24, 1969.

Joseph W. Alton, Jr.
County Executive

I HEREBY CERTIFY THAT BILL NO. 46-69 IS TRUE AND CORRECT
AND TOOK EFFECT ON SEPTEMBER 24, 1969.

John M. Whitmore
Chairman, County Council