12 - Municipal Band Commission Membership and TermsItem No. 12
TO: Mayor & City Council
Gene Anderson, Interim City Manager/Finance Director
FROM: Janice Ellis, City Clerk
SUBJECT: MUNICIPAL BAND COMMISSION MEMBERSHIP AND TERMS
DATE: March 3, 2020
BACKGROUND: By Ordinance, the Municipal Band Commission was created and was
comprised of six members, one of which serves as an active band member and the Band
Director. This Ordinance also set up two (2) year terms, with a term limit of six (6) consecutive
years, with the exception of the band director who has no limitation on the number of
consecutive terms he or she may serve. This Ordinance also limits the membership to the City of
Paris residents only.
STATUS OF ISSUE: Mayor Clifford, who is a member of the band and serves as the Council
liaison to the Band Commission, recently informed staff that the Band Commission requested
changes to their membership. In the last several years, it has become more difficult to recruit
members because of the residency and term limit requirements. To be a member of the band,
you must have musical experience and an interest in music. Due to limiting the membership to
Paris residents only, we may be missing other musically talented people who would enhance the
Municipal Band. In addition, term restrictions keep musically talented people from being able to
serve. The Band Commission is requesting that membership for the band be opened to Lamar
County residents and that the term limits be removed from the Band Commission.
BUDGET: No impact on the budget.
RECOMMENDATION: Amend Chapter 2, Section 2-551 of the Code of Ordinances as
requested by the Band Commission.
ORDINANCE NO.
AMENDING ARTICLE XI OF CHAPTER TWO, SECTIONS 2-551, OF THE
CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS TO PROVIDE FOR
THE CITIZENS OF LAMAR COUNTY TO BE ABLE TO SERVE ON THE
MUNICIPAL BAND COMMISSION; TO PROVIDE THAT THE ALL BAND
MEMBERS 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
WHEREAS, said ordinance was further amended on November 11, 2017 by
Ordinance NO. 2017-048; and
WHEREAS, the members of the current Municipal Band Commission have
recommended that the Commission be expanded from citizens of the City of Paris to
include citizens of Lamar County; and
WHEREAS, the Municipal Band Commission further recommends that the persons
serving as Band Members shall 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,
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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.
"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 five (5) 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) member who is an
active member of the Municipal Band; and three (3) at -large members. The
Mayor shall also nominate a Band Director, who shall be appointed by the
City Council, and who shall serve as an ex -officio, non-voting member of the
Band Commission. Each member of the Band Commission shall be a resident
citizen of Lamar County. Members of the Band Commission, including the
Band Director, shall serve terms of two (2) years but shall not be subject to
any term limits and shall not receive any compensation for their service on
the Commission. 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. Members of the Band Commission, including the
Band Director, may be removed without cause at any time by a vote of the
City Council."
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 9th day of March, 2020.
Steven J. Clifford, M.D., Mayor
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ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney