Loading...
2001-014-ORD AMENDING CODE OF ORDINANCES TO ADD NEW ARTICLE XI TO CHAPTER TWO SECTIONS 2-550 THROUGH 2-574 ORDINANCE NO. 2001-014 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF PARIS TO ADD A NEW ARTICLE XI TO CHAPTER TWO, SECTIONS 2-550 THROUGH 2-574, CODIFYING THE PROVISIONS OF PRIOR ORDINANCE NO. 873, PASSED AND ADOPTED ON OCTOBER 29,1929, AS AMENDED, WHICH PROVIDED FOR THE CREATION OF A MUNICIPAL BAND AND ESTABLISHED A BAND COMMISSION; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND 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 ofthe 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 Pans 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 Band Commission, and in order to enhance the effectiveness of the Band and the Band Commission, and in order to include the Band Commission as a duly authorized board or commission pursuant to the City's Code of Ordinances, the City Council deems it necessary and appropriate to codify and amend the operative provisions of Ordinance No. 873 creating the Municipal Band and the Band Commission; 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, Paris, Texas, be amended by adding Article XI to Chapter Two, Sections 2-550 through 2-574, to codify certain provisions of Ordinance No. 873, passed and adopted on October 29, 1929, as amended herein, to provide for the establishment of a Municipal Band and a Band Commission, to read as follows: "Sec. 2-550. Municipal band established. "There is hereby created a Municipal Band for the City of Paris to be composed of such musical instruments as are deemed necessary and appropriate by the Band 1 Commission. The participants in said Band shall be individuals qualified as musicians and performers on said instruments and a Band Leader or Instructor who shall be a skilled musician and qualified to teach and instruct as to the playing of each instrument used in said Band. There may also be as many Assistant or Deputy Band Directors as the Band Commission shall deem appropriate. Each member of the Band shall pledge to regularly attend all rehearsals and performances ofthe Band and to use with care and preserve any and all property or equipment that may be provided for use as a member of the Band. "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: a 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. Each member of the Band Commission shall be a resident citizen of the city of Paris. Following their initial service beginning their date of appointment and ending June 30, 2001, the terms of office thereafter shall be for two (2) years beginning on July 1; provided, however, that each of the initial Commission members shall determine, by the drawing of lots, two (2) members whose first full term shall be one (I) year in duration, three (3) members whose first full term shall be two (2) years in duration, and the staggered two (2) year terms thereby established shall thereafter be maintained. 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. "Sec. 2-552. Duties of band commission. "The Band Commission shall have full power and control over the organization, discipline, membership, and duties of the members of said Band and the Leaders or Instructors thereof, and may regulate same by such rules or bylaws as they may deem it necessary to pass; provided, that no rule or bylaw or amendment of same shall be in force or effect until the same has been submitted to and approved by the City Council and a copy of the same filed with the City Clerk for permanent record. The Band Commission shall meet at least bi-annually, or more frequently as the Band Commission shall determine. A quorum of at least three (3) members shall be required for each meeting. The Band Commission shall select a Chair, a Vice Chair, and such other officers as the Band Commission shall deem appropriate and 2 necessary to conduct the affairs of the Band Commission. All meetings of the Band Commission shall be conducted in conformance with the Texas Open Meetings Act. "Sec. 2-553. Budget of the municipal band. "(a) By June 15 each year, or as soon thereafter as reasonably possible, the Band Commission shall propose, in detail, a budget of their proposed revenues and expenditures for the next fiscal year. All proposed expenditures shall be budgeted in detail, and each item, whether same shall be for a fixed charge such as rent, salary, lights, and water, or due under contract for supplies or equipment, shall be stated. This budget shall be filed with the City Manager and by him submitted to the City Council and approved by it as part of the overall City budget unless the Council should be of the opinion that any amount or amounts proposed for any purpose are improper or unreasonable, in which event, the Council may refuse to approve said budget until a reasonable or proper amount or amounts are inserted therein by said Band Commission, and said budget, when approved by the City Council, shall be in full force and effect. "(b) The funds budgeted shall be expended by said Band Commission issuing orders for purchases or expenditures, which shall show the exact nature of each item or items of expense and the amount to be paid for same, and said purchase orders shall be signed by at least two (2) of said Band Commissioners and filed with and checked and approved by the City Manager. "(c) No expenditure shall be authorized until approved in the manner indicated herein. "Sec. 2-554. Program of performances. "The Band Commission shall outline a regular program or schedule of concerts to be given by said Band during the year at such places and times as they may determine and designate. "Sec. 2-555. Disposition of collections for performances; performances out ofthe county. "Where any charge is made by the Band Commission for services rendered by the Band, same shall be collected by them and deposited with the Director of Finance of the City of Paris to be credited to the account of the Band, and said Band shall not make a trip out of the county nor expend any of its funds for that purpose unless granted special authority to do so by the City Manager. 3 "Secs. 2-556 through 2-574. Reserved." 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 March 26, 2001. PASSED AND ADOPTED this 26th day of March, 2001. ~ ichael J. P e , or ATTEST: .~ ~~"'\'t,,~~ ~ Mattie Cunningham, City Clerk APPROVED AS TO FORM: 4