FILLMORE CITY, UTAH DECLARATION OF LOCAL EMERGENCY AND EXERCISE OF EMERGENCY POWERS

No. 1 of 2026

Under Utah Code 53-2a-208(1), Mayor Curt Hare, as the chief executive of Fillmore City, Utah may declare by proclamation a state of emergency if he finds (a) a disaster has occurred or the occurrence or threat or a disaster is imminent in an area of the municipality; and (b) the municipality requires additional assistance to supplement the response and recovery efforts of the municipality.

A disaster is defined as ” an event that causes, or threatens to cause loss of life, human suffering, public or private property damage, or economic or social disruption resulting from attack, internal disturbance, natural phenomena, or technological hazard; and requires resources that are beyond the scope of local agencies in routine responses to emergencies and accidents and may be of a magnih1de or involve unusual circumstances that require response by government, not-for-profit or private entities.” Utah Code 53-2a-102(5). “Natural phenomena” includes a forest or range fire. Utah Code 53-2a-102(14).

Under Utah Code 53-2a-208(2) the declaration of a local emergency (a) constitutes the official recognition that a disaster situation exists within the affected municipality; (b) provides a legal basis for requesting and obtaining mutual aid or disaster assistance from other political subdivisions or from the state or federal government; (c) activates the response and recovery aspects of any and all applicable local disaster emergency plans; and (d) authorizes the furnishing of aid and assistance in relation to the proclamation.

The emergency proclamation declaring a local emergency must include (a) the nature of the local emergency; (b) the area or areas that are affected or threatened; and (c) the conditions that caused the emergency. Utah Code 53-2a-208(3).

A local emergency remains in effect until the earlier of (a) the chief executive finds that threat or danger has passed, emergency conditions no longer exist, or, the municipality no longer requires additional assistance, (b) for thirty days, or (c) the day on which the legislative body of the municipality terminates the state of emergency by majority vote. The local emergency may be extended by the municipal legislative body or terminated by joint resolution of the Utah Legislature if the state of emergency has been in effect for more than 30 days.

After a Mayor declares a local emergency, the Mayor may exercise emergency auth01ity, including, but not limited to, (a) utilizing all available resources of the political subdivision as reasonably necessary to manage the local emergency and (b) employing measures and giving direction to local officers and agencies which are reasonable and necessary for the purpose of securing compliance with the provisions of the Disaster Response and Recovery Act, and with orders, rules and regulations made under the Act.

After an order is issued by the Mayor pursuant to his emergency authority, the order “shall have the full force and effect of law during the state of emergency” and the order must be filed with the office of the clerk of the municipality and delivered to Millard County.

A DECLARATION OF THE CHIEF EXECUTIVE OFFICER, MAYOR CURT HARE, DECLARlNG A LOCAL EMERGENCY ARJSING FROM THE WIDEMOUTH 2 FIRE AND ANTICIPATED FLOODING.

RECITALS

WHEREAS, on July 27, 2026, a wildfire started in the Widemouth Canyon area of Millard County, south of Kanosh, Utah which is south of Fillmore City, Utah; and

WHEREAS, due to strong winds and difficult conditions, the fire spread rapidly, traveling nearly 10 miles overnight east of Kanosh, Meadow and Fillmore City, and, as of August 3, 2026, had burned over 68,000 acres and was 0% contained, with evacuations of certain residents in Kanosh, the Kanosh Band of Paiute Indian Tribe Reservation, Meadow, and Fillmore City resulting; and

WHEREAS, Fillmore City does not have the resources to manage, control, and respond to continued fire suppression and the flooding that will inevitably occur with any significant rainfall; and

WHEREAS, pursuant to Utah Code Ann. § 53-2a-208, in order to officially recognize the disaster situation in Fillmore City: provide a legal basis for requesting and obtaining mutual aid or disaster assistance from other political subdivisions or from the state or federal govenunent; activate the response and recovery aspect of any and all applicable local disaster emergency plans; and authorize the furnishing of aid and assistance, the County must declare a State of Emergency; and

WHEREAS, Mayor Curt Hare, Fillmore City Chief Executive Officer, has determined that in order to protect life and property, it is necessary to declare a State of Local Emergency in Fillmore City, Utah.

NOW, THEREFORE, BE IT DECLARED by Mayor Curt Hare, Fillmore City Chief Executive Officer, that a local emergency exists in Fillmore City.

LOCAL EMERGENCY DECLARATION

Pursuant to Utah Code Ann. § 53-2a-208, Fillmore City Mayor Curt Hare makes the following proclamation declaring a local emergency:

1. **Finding of a Disaster and Nature of Local Emergency.** The Mayor hereby finds that due to a forest or range fire and potential flooding caused thereby a disaster, as defined by Utah Code

53-2a-102(5) exists in Fillmore City. This disaster necessitates a declaration of local emergency in the entirety of Fillmore City.

2. **Conditions Causing the Emergency.** Due to strong winds and difficult conditions, the fire spread rapidly, traveling nearly 10 miles overnight east of Kanosh, Meadow and Fillmore City, and, as of August 3, 2026, had burned over 68,000 acres and was 0% contained, with evacuations of certain residents in Kanosh, the Kanosh Band of Paiute Indian Tribe Reservation, Meadow, and Fillmore City resulting.

3. **Emergency Powers and Operations.** The emergency powers and operations of Fillmore City are hereby invoked, and Fillmore City's personnel and resources are ordered and authorized to perform all functions authorized by federal, state, and local law to address this local emergency.

4. **Term.** This proclamation shall take effect immediately and will be ongoing for thirty (30) days unless an extension is authorized or otherwise terminated by Fillmore City Council.

5. **Assistance.** Fillmore City is authorized to request all assistance available with respect to this local emergency from all federal, state, and local sources and authorized to activate all applicable mutual aid agreements.

EMERGENCY ORDER

Pursuant to Utah Code Section 53-2a-205 and Utah Code 53-2a-209 the Fillmore City Mayor Curt Hare issues the following emergency order:

1. **Activation of Emergency Response Measures.** City officials may close roads and public spaces, conduct emergency alerts, and require evacuations as needed to address the fire and flooding emergency and mitigation effo11s. City officials may engage local and community organizations for volunteer eff011s and services for the community. The City's forn1al bidding requirements, according to Fillmore City Municipal Code § 1.10.11, have been waived upon personal verbal approval of a majority of the Fillmore City Council, and such purchases shall be for the purchase of goods and services in furtherance of addressing the fire and flood conditions and related mitigation and relief effo11s, including support of all emergency responders, volunteers, City personnel and operations, and similar efforts as they become needed.

2. **Filing and Dissemination.** This proclamation will be filed with the Fillmore City Recorder and will be delivered to Millard County.

\ DATED this 4th day of August, 2026.