Ox~er ~, 25315 AFP ~ ~nt~lUt~ to Vol V Pale ~,~1 MaY 11, 1998 ORDER N0. 05315 APPROVRL OF RESOLUTIDN TO IMPLEMENT BURN BRN On this day the 11th day of May, 1998 upon motion made by Commissioner Lackey, seconded by Commissioner Oehler, the Court unanimously approved by a vote of 4-0-0, the Resolution to implement Burn Han that will expir^e after 14 days. STATE OF TEXAS ~ IN TIIE COMIIIISSIONERS'SOOURT COUNTY OF KERR ~ OF KERR COUNTY, TEXAS RESOLUTION Whereas, Ken County has not had any appreciable rainfall for an a#ended period; and and Whereas, weather forecasters offer little promise of a change in these hot, dry conditions in the near futwe;; Whereas, these hot, dry conditions pose the threat of large, fast-moving wild foes; and Whereas, such fires have the potential of endangering lives and damaging property on a wide scale; and Whereas, the Texas Disaster Act of 1975 (Chapter 418, Texas Government Code) and the Order of the Ken County Commissioners' Coart numbered 15130 and dated August 8, 1983, authori7z declaration of a state of disaster if the threat is imminent and that same provide the violations of declarations of disaster are punishable as a misdemeanor with jail term of up to 180 days and a fine not exceeding S 1,000.00; and Whereas, the magnitude of the potential damage and the rapidity at which such a fire could escalate to major proportions constitute an imminent threat of disaster; and Whereas, declaration of such a disaster authorizes the imposition of controls on activities which tend to increase the likelihood of such fires; and Whereas, such controls, once implemented, have the potential of protecting lives and property by mitigating the threat of dangerous fires; and Whereas, Robert A Denson, Kerr County Judge, on the 11th day of May, 1998, declared a state of disaster based on the threat of huge wild fires in Kerr County; and Whereas, that this sate of disaster will terminate by its own terms unless extended or authorized by the entire Kerr County Commissioners' Court and that the instant resolution will expire after fourteen (14) days from this date uNess extended; Be It Therefore Resolved that due to the above-descn'bed situation, this state of disaster is hereby declared and continued until it is rescinded by the Kerr County Judge or by action of the Kerr County Commissioners' Court; and Be it further resolved that the purpose of this order is the mitigation of the hazard posed by wild foes by curtailing the practice of outdoor burning, excluding the burning of combustible material in enclosures such as trash barrels and oharcoal grills which are designed to contain all flames and embers, which purpose is to be taken into account in a~ enforcemem action based upon this order; and Be it further resolved that the issue of the continuance of this state of disaster shall be placed on the agenda of each regulazly scheduled meeting of the Kerr County Commissioners' Court until it is rescinded PASSED AND APPROVED this 11th day of May, 1998. To be effective May 12, 1998. A DEIJKON, K~RR COUNTY JUDGE