COMMISSIONERS' COURT CONVENEll IN SF~EC:IRL SESSION on Th~_irsday
.July c"i, 1995 with all Officers present and the following
proceedings were had:
II CONSIDERRTIGN Rt;END"R
Ttem c.1 Consider passing resol~_ition declaring a burning ban
for Kerr Co~_aity d~_ie to the dr-~y conditions. tCo~_mty Jl_~dge)
ORDEF2 NU. ~=~8¢i
RF'F~ROVRL OF F'RSSING RESOLUTION DEGLRRING
NURNING RRN FOR KERR COUNTY DUF_= TO DRY CUNDII"IONS
Un this the c7th day of J~_ily 1995, upon motion made by
Judge Denson, seconded by Commissioner Lehman the Co~_irt voted
by a majority vote of 4-1-0, Commissioner Holekamp
opposed the dai.es only not the resol~..ition to declare an
emergency and pass a resolution declaring a b~_irniny ban for
N.err Co~.anty due to the dry conditions effective Rug~_ist 1, 1995
for a period of 14 days.
STf-aTE OE TEXRS 7
COUNTY OE KERR )(
RESOLCI~T I ON
IN "fHE COMMT5SIOtJERS' COURT
OF IiERft COUNTY, TEXRS
WHERERS, Kerr Co~.inty has not had any appreciable rainfall for
an extended periodg and
WHERERS, weather forecasters offer little promise of a change
in these hot, dry conditions in the near future; and
WHERERS, these hat, dr•y conditions pose the threat of lar•ye,
Past-movir~y wild firesg and
WHERERS, s:~_ich fires have the potential of crndanger•ing lives
and damaging property on a wide scale; and
WHERERS, the texas 1isaster Rct of 1975 (Chapter 418, Texas
Government Code) and the Order of the Kerr Co~_mty
Commissioners' Ca~_irt n~_imbered i513~0 and dated Rugust 8, 1983,
a~..ithorize declaration of a state o1= disaster if the threat is
imminent and that same provide the violations of declarations
t'RC~E 89
of disaster are p~_~nishable as a misdemeanor with .jail term of
"` ~_rp to 180 days and a fine not exceedi.ny 81,0~0.u"1>Z~; and
WHEREAS, the maynit~_rde of the potential damage and the rapidity
at which s~_rch a fire co~_rld escalate to major proportions
constit~_ite an imminent threat of disaster; and
WHEREAS, declaration of s~_ich a disaster a~_rthori.zed the
imposition of controls on activities which fend to increase
the likelihood of s~_tch fires; and
WHEREA:i, s~_ich controls, once implemented, have the potential
of protecting lives and property by mitigating the threat of
danyero~_rs fires; and
WHEREAS, Rober^t R. IJenson, Kerr Co~_~nty J~_idye, on the c7th day
of July, 1995, declared a state of disaster based on the
threat of large wild fires in Kerr L'o~_rnty; and
WHEREAS, that this sate oi' disaster will terminate by its own
terms ~_u~rless extended or author'•ized 6y the entire Kerr Co~_rnty
Commissioners' Co~.xrt and that the instant resolution will
expir-~e after fcr~_rrteer~ (14) days from this date unless
extended;
HE 1"f THEREFORE RESOLVED that due to the above-described
.- sit~_iation, this state oi= disaster is hereby declared and
continued ~_rntil it is rescinded by the Kerr County J~_~dge or by
action of the Kerr- County Commissioners' Co~_rrt; and
PE IT FURTHER RESOLVEll that the purpose of this or^der^ is the
mitigation of the hazard posed by wild fires by c~_irtailing the
practice of outdoor b~_rrning, excluding the burning of
combi_rstible material in enclosures s~.rch as trash barrels and
charcoal grills which are designed to contain all flames and
ember^s, which purpose is to be taken into acco~_mt in any
enforcement action based upon this order; and
BE Il' FURI'HEft RESOLVEll that the iss~_re of the continuance of
this state of disaster shall be placed on the agenda of each
rey~.ilarly sched~_rled meeting of the Kerr Co~_mty Commissioners'
Co~_~rt ~_mtil it is rescinded.
F~ASSES AND APGRC]VED this c7th day of Jc.rly, 1995. To be
effective A~_rgust 1, 1995.
/s/ RObe.T't A. IJensor~
/t/ RO$F_RT A. DENSON,
KERR COUNTY ,IUllGE
GAGE 9G