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2008-12-15 Special December Meeting Held December 15, 2008 THE STATE OF TEXAS ~ ~ COUNTY OF CALHOUN ~ BE IT REMEMBERED, that on this 15th day of December, A.D., 2008 there was begun and holden in the Commissioners' Courtroom in the County Courthouse in the City of Port Lavaca, said County and State, at 10:00 am, a Special Meeting of the Commissioners' Court and within said County and State, and there were present on this date the following members of the Court, to-wit: Michael J. Pfeifer Roger C. Galvan Vern Lyssy Neil E. Fritsch Kenneth W. Finster Wendy Marvin County Judge Commissioner, Precinct 1 Commissioner, Precinct 2 Commissioner, Precinct 3 Commissioner, Precinct 4 Deputy County Clerk There upon the following procedures were had: ORDER RESTRICTING CERTAIN FIREWORKS IN UNINCORPORATED AREAS OF CALHOUN COUNTY, TEXAS: A Motion Was made by Finster and seconded by Commissioner Fritsch to Order Restricting Certain Fireworks in Unincorporated Areas, of Calhoun County, Texas. Commissioners Galvan, Lyssy, Fritsch, Finster and Judge Pfeifer all voted in favor. GENERAL DISCUSSION: Commissioner Lyssy wanted the Court to be aware that the Beacon at the County Airport went out and it would be 4 to 6 weeks before it could be fixed, the cost would be $14,000. Judge asked Henry Barber to be in Court today in regards to the Rescue Truck with the Cascade System. Henry reported that he spoke with various vendors and Maco out of Lake Jackson has looked at our needs and Henry suggest that we declare an emergency purchase, it could take up to 8 weeks until we have the system here in place. Court was adjourned at 10:25 am ORDER RESTRICTING CERTAIN FIREWORKS IN UNINCORPORATED AREAS OF CALHOUN COUNTY, TEXAS WHEREAS, The Calhoun County Commissioners' Court has determined that the normal danger of fire in the unincorporated areas of Calhoun County is greatly enhanced by the extremely dry conditions now existing; and WHEREAS, the use of aerial fireworks in non-designated areas during these dry conditions would constitute an unreasonable risk to life and property; WHEREAS, aerial fireworks is defined as being those items classified under 49 C.F.R., Section 173.1 00(r)(2) (10-1-86 edition) as "skyrockets with sticks" and other pyrotechnic devises that have fins or rudders for the purpose of achieving aerodynamic flight, including devices that would be considered a missile or a rocket. NOW, THEREFORE, IT IS HEREBY ORDERED by the Commissioners' Court of Calhoun County that the use of aerial fireworks within this county is prohibited except as excepted below. All persons selling fireworks within this County shall be provided reasonable notice of this Order. This Order is adopted pursuant to Section 240-904, Local Government Codes, and other applicable statutes. Violation of this Order is a Class C Misdemeanor, punishable by a fine not to exceed $500.00. BE IT FURTHER ORDERD that the following are excepted areas, to wit: Port Alto Beach Haterius Park Magnolia Beach Swan Point Park Six Mile Park King Fisher Beach (sand area only) APPROVED THIS THE 15th DAY OF DECEMBER, 2008 BY THE CALHOUN COUNTY COMMISSIONERS' COURT. Attest: Anita Fricke L