17 - Amend Membership of Band Commission - removing the requirement that the Mayor nominates membersItem No. 17
TO: City Council
Grayson Path, City Manager
FROM: Stephanie H. Harris, City Attorney
SUBJECT: Amendment to Municipal Band Ordinance
DATE: June 3, 2020
BACKGROUND: The Municipal Band is governed by Chapter 2, Article XI of the Code of
Ordinances. Sec. 2-551 currently provides that only the mayor may nominate members to the
Municipal Band Commission, to be voted on by Council as a whole.
STATUS OF ISSUE: The mayor would like to remove that requirement so that any member of
Council may nominate members to serve on the Municipal Band Commission.
BUDGET: No impact.
RECOMMENDATION: Move to approve an ordinance amending Code of Ordinances Sec. 2-
551 to remove the requirement that only the mayor may nominate members to serve on the
Municipal Band Commission.
ORDINANCE NO.
AMENDING ARTICLE XI OF CHAPTER TWO, SECTION 2-551 OF THE CODE
OF ORDINANCES OF THE CITY OF PARIS, TEXAS TO REMOVE THE
REEQUIREMENT THAT THE MAYOR NOMINATE MEMBERS FOR THE
MUNICIPAL BAND COMMISSION; 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 on March 9, 2020 by Ordinance No. 2020-009; and
WHEREAS, the ordinance currently provides that persons may be nominated for
service on the Municipal Band Commission by the Mayor only; and
WHEREAS, the City Council wishes to remove this requirement;
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.
1
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 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 Council shall also appoint a Band
Director, 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 8th day of June, 2020.
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney
PA
Steven J. Clifford, M.D., Mayor