ltem ~.1~ Consider and disc~_iss passing Rur•n ban
Resol~_ition. tCounty ,judge)
Discussion Only - Official Court Transcript on Record
..i 'G. i.13I
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND DOCUMENTS TO BE
REVIEWED BY THE COURT.
MADE BY: Fred Henneke OFFICE: County Judge
MEETING DATE: February 8. 1999 T]ME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC)
Consider and discuss passing Bum Ban Resolution.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: Corm Jude
F.STiMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter
551 and 552, Government Code, is as follows: ',
Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday. ',
THIS REQUEST RECEIVED BY:
THIS RF,QUEST RECEIVED ON:

All Agenda Requests wilt be screened by the County Judge's Office to determine if adequate information has been
prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be
appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda Request Rules
Adopted by Commissioners' Court.
I ~i 1 ~ Ytl 1
STATE OF TEXAS ~ IN THE COMMISSIONERS'S COURT
COUNTY OF KERB ~ OF KERB COUNTY, TEXAS
RESOLUTION
Whereas, Kerr County has not had any appreciable rainfall for an extended period; and
Whereas, weather forecasters offer little promise of a change in these hot, dry conditions in the near future;;
and
Whereas, these hot, dry conditions pose the threat of large, fast-moving wild fires; 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 Kerr
County Commissioners' Court numbered 15130 and dated August 8, 1983, authorize 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 $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, Fred Henneke, Kerr County Judge, on the 8th day of February, 1999, declared a state of disaster
based on the threat of large 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
unless extended:
Be It Therefore Resolved that due to the above-described 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 fires by
curtailing the practice of outdoor burning, excluding the burning of wmbustible material in enclosures such as trash
barrels and charcoal grills which are designed to contain all flames and embers, which purpose is to be taken into
account in any enforcement 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 regularly scheduled meeting of the Ken County Commissioners' Court until it is rescinded.
PASSED AND APPROVED this 8th day of February, 1999. To be effective February 9"', 1999.
FRED HENNEKE, KERR COUNTY JUDGE