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2020-009 - Municipal Band Commission Membership - no term limits and open membership to Lamar CountyORDINANCE NO. 2020-009 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 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, 2 00 1; 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, 1 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, 2 02 0. LA Stever °�. Clifforc , M.D., Mayor ATTEST: ice Ellis, City Clerk APPROVED AS TO FORM: Allil "ful�' Ste:Kaiiie H. Harris, City Attorney