Any contiguous area lying within a second classification county or any contiguous area lying within a county of the second classification, together with a contiguous area not presently served by a public sewage system within an incorporated city, may be incorporated as a sewer district as follows: ten percent of the voters within the area may file with the circuit court a petition setting forth the reason or necessity for a sewage treatment facility and a sewer system; the boundary lines of the proposed district; the names of the owners of real property within the district; and the name of the proposed district. The petition shall specify whether the board of supervisors shall be elected or appointed. A bond shall be filed with the petition in a sum to be determined by the court but not in excess of five hundred dollars, payable to the state, signed by one or more of the petitioners with sufficient surety or sureties to be approved by the court, conditioned upon the payment of costs and expenses.