17 - Amendment to the Band Commission MembershipItem No. 17
TO: Mayor & City Council
FROM: John Godwin, City Manager
SUBJECT: MUNICIPAL BAND COMMISSION MEMBERSHIP AND,rERNIS
DATE: October 31, 2017
BACKGROtJND: By Ordinance, the Municipal Band Commission was created and was
comprised of five members, one of which serves as an active band member and the Band
Director. This Ordinance also Set L11) two (2) year terms, while the policy adopted by City
Council set up term limits ofa total of six (6) consecutive years and allowed for three two-year
terms or two three-year terms, dependent on whether the board or commission was established
by local or State law,
STATUS OF ISSUE: Council Member Drake serves as the Council liaison to the Band and
recently informed staff that the Band Commission requested changes to their membership.
Those changes include increasing the Band Commission by one member who will be required to
be an active inernber of the Band and providing that the Band Director serve without term limits.
BUDGET: No impact on the budget.
RECOMMENDATION: Amend Chapter 2, Section 2-551 of the Code of Ordinances as
requested by the Band Conimission.
Draft.
AMENDING ARTICLE XI OF CHAPTER TWO, SECTIONS '-551, CIF' THE
CODE' OF ORDINANCES OF THE CITY OF PARIS, TEXAS TO PROVIDE FOR
THE EXPANSION OF THE MUNICIPAL BAND COMMISSION FROM FIVE ()
MEMBERS TO SIX (6) MEMBERS, ONE OF WHOM IS THE BAND
DIRECTOR; TO PROVIDE THAT THE BAND DIRECTOR SHOULD SERVE
WITHOUT A TERM LIMIT; MAKING OTHER FINDINGS AND PROVISIONS
RELATED TO THE SUBJECT; REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH, PROVIDING AN EFFECTIVE
DATE.
WHEREAS, .Section 3018.002 of the Texas Local Government Code currently provides
for the establishment and funding of bands by municipalities, and Section 308.007 of the
Texas Local Government Code provides for the appointment of a citizen commission to
assist in the operation and maintenance of said Band; and,
WHEREAS, the City Council of the City of Paris did heretofore, on the 29th day of
October, 1939, by adoption of Ordinance No. 873, and in accordance with then state law,
establish a Municipal Band for the City of Paris and provide for the appointment of a Band
Commission; and,
WHEREAS, because of significant revisions to state law since the creation of the
City's Municipal. Band and the accompanying Municipal Band Commission, and in order to
enhance the effectiveness of the Municipal Band and the Municipal Bland Commission, and
in order to include the Municipal Band Commission as a duly authorized board or
commission pursuant to the City's Code of Ordinances, the City Council deemed it
necessary and appropriate to codify and amend the operative provisions of Ordinance No.
873 creating the Municipal Band and the Municipal Band Commission by Ordinance No.
2001-014 on March. 26, Z881; and
WHERAS, the members of the current Municipal Band Commission have
recommended that the Commission be expanded from five (5) to six (6) members, one of
which serves as an active band member, and one of which serves as the Band Director; and
WHEREAS, the Municipal Band Commission further recommends that the member
serving as Band Director be allowed to serve without any term limitation; and
WHEREAS, the City Council finds that the changes recommended by the Municipal
Band Commission will inure to the more efficient operation of the Municipal Band and thus
will lead to increased enjoyment of the Municipal Band by the citizens of Paris,
PARIS, PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this ordinance are hereby
in all things approved.
Section 2. That the Code of Ordinances of the City of Paris, Texas, be amended by
amending Chapter 2, Article X1, Section 2-551, "Band Commission," to read in its entirety as
follows;
"Sec. 2-551. Band Commission.
"(a) For the purpose of regulating and making effective the said
Municipal Band provided for in Sec. 2-550 hereof, there is hereby created a
Band Commission of six (6) members to be nominated by the Mayor and
appointed by the City Council. The membership of the Band Commission
shall include: one (1) representative of the Visitors and Convention Council
of the Lamar County Chamber of Commerce; one (1) Band Director; one (1)
member who is an active member of the Municipal Band; and three (3)
at -large members. Each member of the Band Commission shall be a
resident citizen of the city of Paris. Members of the Band Commission shall
serve terms of two (2) years, provided said members shall serve not more
than three (3) consecutive two-year terms, after which two (2) years must
pass before they are again eligible to serve on the Band Commission. Any
unexpired term to which a member is appointed shall not be counted toward
such consecutive terms. Members shall serve until their successors have
been elected and qualified. If any appointment is not timely made, a member
or members shall continue to serve until reappointed or until a successor has
been appointed. In the event of a vacancy in the membership of the Band
Commission for any reason, a new member shall be appointed in the manner
described herein to serve the remainder of the unexpired term. Members
of the Band Commission may be removed without cause at any time by a vote
of the City Council.
"(b) Notwithstanding the foregoing, the Band Director shall serve
terms of two -years with no limitation on the number of consecutive terms he
or she may serve.
Section 3. All ordinances or parts of ordinances in conflict herewith are hereby
expressly repealed to the extent of said conflict only.
Section 4., This ordinance shall become effective on the date of passage.
PASSED AND ADOPTED this 13th day of November, 2017.
Ii
Steven J. Clifford, M.D., Mayor
ATTEST:
Janice Ellis, City Clerk
Stephanie H. Harris, City Attorney