48-4001. Establishment of district


A. The board of supervisors of a county may adopt a resolution to establish a
county jail district in the county for the purpose of acquiring, constructing, operating,
maintaining and financing county jails and jail systems and juvenile detention
facilities, but only if the inclusion of juvenile detention facilities is jointly
requested by the sheriff and the presiding judge of the juvenile court and the board of
supervisors finds that the public interest, convenience and necessity will be served by
including juvenile detention facilities, as provided by this chapter. The district shall
be established on voter approval of a property tax or excise tax pursuant to section
48-4021.


B. The resolution shall set a date for a hearing on the resolution, not less than
twenty-one nor more than forty days from the date of the resolution. The notice of the
hearing shall be published once each week for at least three consecutive weeks before the
hearing in a newspaper of general circulation in the county and shall be posted at least
three weeks before the hearing in at least three public places in the county. The board
shall meet at the time and place fixed for the hearing. At the hearing the board shall
hear all persons who wish to appear in favor of or against establishment of the district.


C. If, after the hearing, it appears to the board that the public interest,
convenience and necessity will be served by establishing the district, the board shall
declare its findings and order the formation of the county jail district under a
designated corporate name contingent on approval of a property tax or excise tax pursuant
to section 48-4021. The board shall file a certified copy of the proceedings with the
county recorder.


D. The board of supervisors may pay the necessary costs incurred in connection with
the formation of the district from any monies available for that purpose.


E. The district includes the incorporated and unincorporated areas of the county.