ORDER NO. 29398
Bi)RN BAN
Came to be heard this the 26th day of September, 2005, with a motion made
by Commissioner Nicholson, seconded by Commissioner Letz. The Court
approved by vote of 4-0-0 to:
Establish burn ban for 90 days and authorize each Commissioner to suspend
the burn ban at their discretion.
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COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND TEN COPIES OF THIS
REOUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT.
MADE BY: Dave Nicholson OFFICE: Commissioner, Pct. 4
MEETING DATE: September 26, 2005 TIME PREFERRED:
SUBJECT: Consider, discuss and take appropriate action on implementing
the Burn Ban.
EXECUTNE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: Commissioner, Pct. 4
ESTIMATED 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:
THIS REQUEST RECENED BY:
THIS REQUEST RECEIVED ON:
5:00 P.M. previous Tuesday.

All Agenda Requests will be screened by the County Judge's Office to determine if adequate
information has been prepazed for the Court's formal consideration and action at time of Court
Meetings. Your cooperation will be appreciated and contribute towazds you request being
addressed at the eazliest opportunity. See Agenda Request Rules Adopted by Commissioners'
Court.
STATE OF TEXAS §
COUNTY OF KERR §
ORDER RESTRICTING OUTDOOR BURNING
WHEREAS the Commissioners Court of Kerr County finds that circumstances present in
the unincorporated azea of the county create a public safety hazard that would be exacerbated by
outdoor burning,
IT IS HEREBY ORDERED by the Commissioners Court of Kerr County that outdoor
burning is banned in the unincorporated area of the county for 90 days from the date of adoption
of this Order, unless the ban is terminated eazlier based on a determination by the Commissioners
Court that the circumstances described above no longer exist. This Order is adopted pursuant to
Local Government Code Section 352.081, and other applicable statutes. This Order does not
prohibit outdoor burning activities (a) related to public health and safety that are authorized by
the Texas Commission on Environmental Quality for (1) firefighter training; (2) public utility,
natural gas pipeline or mining operations; (3) harvesting of agricultural crops or 4) prescribed
burn plans approved by the Department of Agriculture; or (b) in enclosures such as trash barrels
and chazcoal grills which aze designed to contain all flames and embers.
IT IS FURTHER ORDERED that if the circumstances leading to this order aze
modified by transitory conditions, the Commissioners Court authorizes each Commissioner to
suspend this order for a specified period in their precinct after consultation with the fire
departments in their precinct. Such temporary suspension(s) of the ban may be terminated at any
time before expiration of the specified period by the appropriate County Commissioner(s).
In accordance with Local Government Code Section 352.081(h), a violation of this Order
is a Class C misdemeanor, punishable by a fine not to exceed $500.00
ADOPTED this 26`" day of September, 2005 by a vote of
/~ ayes and nays.
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TINLEY, COUNTY JUD ~
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