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28 <br />The city council is further authorized and empowered without the necessity of <br />having a petition filed with it to open, clear, grade, construct drainage and otherwise <br />improve streets, avenues and alleys which have been dedicated to public use by making <br />and recording in the office of the register of deeds a map or plat designating such <br />streets, avenues or alleys thereon, and to specially assess the entire cost of such <br />opening, clearing, grading, construction of drainage and other improvements to such <br />streets,avenues or alleys against the property abutting upon such streets, avenues or <br />alleys so opened and improved. <br />The city council may specially assess less than the total cost against the abutting <br />property if it should determine by resolution that it would be inequitable to specially <br />assess the entire cost thereof; and in determining whether it would be inequitable, the <br />city council is authorized to take into consideration the location, width, use and general <br />importance of such street or alley as it relates to the public welfare, safety, health, and <br />convenience. <br />(2) When it is proposed to make without petition any improvement or <br />improvements described in subsection (1) hereof, the city council shall adopt a <br />resolution which shall contain substantially the following: <br />(a) That this proceeding is taken under and will be governed by the <br />provisions of this charter (stating the number of the chapter and section); <br />(b) A statement of the reasons proposed for the making thereof; <br />(c) A brief description of the proposed improvement or improvements; <br />(d) The proportion of the cost of the improvement or improvements to be <br />specially assessed and the terms of payment; <br />(e) A notice of the time and .place when and where a public hearing will <br />be held on the proposed improvement or improvements. The time fixed <br />for the public hearing shall be such as to allow of notice being given <br />thereof not less than ten (10) days prior thereto; <br />(f) A notice that all objections to the legality of the making of the <br />proposed improvement or improvements shall be made in writing, signed <br />in person or by attorney, and filed with the city clerk at or before the time <br />of such hearing, and that any such objections not so made will be waived. <br />At least ten (10) days prior to the date fixed for the hearing, the city council shall <br />cause a notice to be published at least one time in a newspaper of general circulation in <br />the city. The' notice shall contain the information described in paragraphs (a) through (f) <br />of this subsection (2). (Laws 1981, Ch. 694, § 4) <br />(3) In the event the city council elects to proceed under this section to make <br />local improvements and specially .assess the cost thereof against abutting <br />property without the filing of a petition therefor, as is authorized by this section, <br />and does adopt the resolution provided for in subsection (2), then and in such <br />event, the procedure applicable to such proceedings from that point to the final <br />completion of the improvement, the final confirmation of the assessment roll, and <br />the remedies available, shall be asparticularly set forth and provided in <br />subsections (10) [through (29)] of Section 77 of this Charter. <br />(4) When electing to make local improvements and specially assess the cost <br />thereof upon abutting property, without petition therefor, as authorized by this <br />