233.172. 1. In any county of the first classification without acharter form of government having a population of at least one hundredfifty thousand and either containing a portion of a city with a populationof at least three hundred fifty thousand or bordering a city not within acounty, the county commission may, by resolution, submit the question ofcreating a road benefit district pursuant to sections 233.170 to 233.316,encompassing the unincorporated areas of such county to all of thequalified voters residing within such district at a general or specialelection called for that purpose. Such resolution shall set forth the nameof the proposed road benefit district, its boundaries and a proposed roadand bridge benefit district tax levy in an amount not to exceed twentycents per one hundred dollars assessed valuation. The ballot upon whichthe question of creating a road benefit district is submitted to thequalified voters residing within the proposed district shall contain aquestion in substantially the following form:
"Shall the . . . . . . . . . . County, be authorized to create a roadbenefit district within the following boundaries, to-wit: . . . . . . . .. . . . . . . (set forth boundaries of proposed road benefit district) andassess a levy not to exceed . . . . . . cents per one hundred dollarsassessed valuation upon all property within the boundaries of said roadbenefit district the proceeds of which levy shall be placed in a "roadbenefit district fund" and used solely for the improvement, maintenance,construction and repair of roads and bridges within the boundaries of theroad benefit district?"
2. If the ballot question is approved by a majority of the qualifiedvoters residing within the boundaries of the proposed district, thegoverning body of the county shall be authorized to assess and collect alevy in an amount not to exceed the amount specified on the ballot, inwhich event the sums so collected shall be placed in a separate "roaddistrict benefit fund" and used only for the purposes specified on theballot within the boundaries of the road benefit district.
3. Notwithstanding section 233.170, to the contrary, a districtestablished pursuant to this section may contain less than six hundredforty acres and may contain territories that are not contiguous.
(L. 1997 H.B. 523 § 1 merged with S.B. 371 § 1)