2017-048 - Amended Chapter 2, Section 2-551 of the Code of Ordinances, changing the Municipal Band Commission membership and termsORDINANCE NO. 2017-048
AMENDING ARTICLE XI OF CHAPTER TWO, SECTIONS 2-551, OF THE
CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS TO PROVIDE FOR
THE EXPANSION OF THE MUNICIPAL BAND COMMISSION FROM FIVE (5)
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 308.002 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, 1929, 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 Band 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 26,2001; 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
whom is an active band member, and one of whom is the Band Director, and
WHEREAS, the Municipal Band Commission further recommends that the member
serving as Band Director shall be an ex officio, non-voting member of the Commission
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,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
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 XI, 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, who shall
serve as an ex -officio, non-voting member; 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.
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PASSED AND ADOPTED this 13th day of November, 2017.
ATTEST:
,Janice Ellis, City Clerk
ROVED AS TO FORM:
nie H. Harris, City Attorney
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Steveplj.-difford, Nbl" Mayor