1. The owners of real property within an unincorporated area of a county whose population is less than 100,000 may initiate the creation of a district by filing a petition signed by at least 66 2/3 percent of the owners with the board of county commissioners of the county where the proposed district is located. A district may not include territory located within more than one county. 2. A petition filed pursuant to subsection 1 must include: (a) The name, address and signature of each person named in the petition; (b) The total acreage of the area proposed to be included within the district; (c) The number of owners of real property in that area; (d) A detailed map of that area; (e) A description of any proposed contract for the maintenance of roads in the district; and (f) The estimated annual cost to perform the proposed contracts to maintain roads in the district. 3. If a petition is filed pursuant to subsection 1, the board of county commissioners with whom the petition is filed shall hold a hearing to consider the petition at its next regularly scheduled meeting held after the date the petition is filed. 4. Except as otherwise provided in this subsection, if a board of county commissioners decides to create a district after holding a hearing pursuant to subsection 3, it shall, at its next regularly scheduled meeting held after the hearing is conducted, adopt a resolution creating the district. A board of county commissioners shall not adopt a resolution pursuant to this subsection if, within 60 days after a hearing is held pursuant to subsection 3, 51 percent or more of the owners of real property within the proposed district file a petition with the board of county commissioners opposing the creation of the district. 5. A resolution adopted pursuant to subsection 4 must include a procedure to allow a person who owns real property within the district to apply for a hardship determination that would exempt the person from paying the fees assessed pursuant to this chapter. The procedure must include, without limitation: (a) A method for allowing a person who owns real property within the district to submit to the board a written application for a hardship determination at least 90 days before the due date of an assessment; (b) A method for determining whether such a person qualifies for a hardship exemption; (c) A requirement for the periodic renewal of the hardship determination; (d) A requirement that the board make a decision on the application within 30 days after the filing of the application; (e) A requirement that the board notify the board of county commissioners in writing of the denial of an application and the reason for denying the application; and (f) A procedure for appealing the denial of an application by the board to the board of county commissioners.
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