Whenever it becomes necessary to establish or change the grade of any street in the City, the City Manager, under the direction of Council, shall ascertain and establish the proper grade. In the event that any work in improvement about to be made or undertaken in the City, in or upon any street or public place, renders it necessary to change the grade of such street or public place, no bid for such work shall be advertised for, and no contract thereof shall be let, until the new grade shall have been established and the owners of all property abutting thereon have assented thereto in writing, or until the damages to the abutting property by reason of such change of grade shall have been ascertained and agreed upon between the City and the owners; provided, that when the owners of two-thirds of the property abutting on such proposed improvement have assented thereto as above, or when the damages to property have been ascertained and agreed upon between the City and the owners of such two-thirds, the consent, or the agreement with, the owners of the remaining one-third may be dispensed with by the Council by a vote of two-thirds of all the members thereof.
(1972 Code §18-1-1.)