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2008-01-03 Special January Term Held January 3, 2008 THE STATE OF TEXAS COUNTY OF CALHOUN ~ ~ ~ BE IT REMEMBERED, that on this 3rd day of January, A.D., 2008 there was begun and holden in the Commissioners' Courtroom in the County Courthouse in the City of Port LavClca, said County and State, at 10:00 A.M., a Special Term of the Commissioners' Court within said County and State, and there were present on this date the following members of the Court, to-wit: Michael J. Pfeifer Vern Lyssy Neil E. Fritsch Kenneth W. Finster Wendy Marvin County Judge Commissioner, Precinct 2 Commissioner, Precinct 3 Commissioner, Precinct 4 Deputy County Clerk Commissioner Galvan was absent from the meeting. Thereupon the following proceedings were had: ORDER PROHIBITING OUTDOOR BURNING. THIS ITEM IS HEARD AS AN EMERGENCY ITEM FOR THE PUBLIC HEALTH, SAFETY AND WELFARE: A Motion was made by Judge Pfeifer and seconded by Commissioner Lyssy to approve the Order Prohibiting Outdoor Burning. Commissioners Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. Court was adjourned at 10:10 a.m. ORDER PROHIBITING OUTDOOR BURNING WHEREAS, The Commissioners' Court finds that circumstances present in all or part of the unincorporated areas of the County create a public safety hazard that would be exacerbated by outdoor burning. IT IS HEREBY ORDERED by the Commissioners' Court of Calhoun County that all outdoor burning is prohibited in the unincorporated area of the County for 90 days from the date - of adoption of this Order, unless the restrictions are terminated earlier based on a determination made by the Texas Forest Service or this Court. This Order is adopted pursuant to Local Government Code S352.081, and other applicable statutes. This Order does not prohibit outdoor burning activities related to public health and safety that are authorized by the Texas Commission on Environmental Quality for: (1) Burning hQusehold refuse in metal barrel with screens on the top of it, and holes not bigger than one half inch in diameter; (2) firefighter training; (3) public utility, natural gas pipeline or mining operations; (4) planting or harvesting of agricultural crops; or, (5) burns that are conducted by a prescribed burn manager certified under Section 153.048, Natural Resources Code, and meet the standards of Section 153.047, Natural Resources Code. In accordance with Local Government Code S352.081(h), a violation of this Order is a Class C misdemeanor, punishable by a fine not to exceed $500.00. ADOPTED this 3rd Day of January. 2008, by a vote of 4- ayes and ~ nays. /'(IAJ.J l~ Michael J. Pfeffer Calhoun County Judge ATTEST: Anita Fricke, County Clerk By: liliM~~ Deputy