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05-A & 06-H-Band Commission Ord AGENDA INFORMATION SHEET PROJECT: Consider an ordinance amending the Code of Ordinances of the City of Paris to codify the provisions of prior Ordinance No. 873, as amended, providing for the creation of a Municipal Band and the establishment of a Band Commission, and consider a resolution appointing new members to the restructured Band Commission. BACKGROUND: By adoption of prior Ordinance No. 873 on October 29, 1929, said ordinance provided, among other things, for the creation of a Municipal Band and the establishment of a Band Commission. Since that time, the statutory authority for a municipal band and a band commission has been significantly revised and re-codified into the Texas Local Government Code. In order to include the Band Commission as a duly authorized board or commission pursuant to the City's Code of Ordinances, and in order to enhance the effectiveness of the Band and the Band Commission, it is necessary to adopt an ordinance codifying and amending the operative provisions of Ordinance No. 873 in conformance with State law, and to adopt a resolution appointing members to the newly restructured Band Commission. DESCRIPTION: The enclosed ordinance would add a new Article XI to Chapter 2, Sections 2-550 through 2-574, to incorporate therein amended provisions of the original Ordinance No. 873. The changes included in this new ordinance are necessary to reflect the operation of the Band currently, or to afford the Band and the Band Commission additional flexibility necessary to the operation of the Band, or to bring the Band and the Band Commission into compliance with State law. These changes include the following: (1) providing for the designation of assistant or deputy Band directors in addition to the designated Band leader or instructor; (2) removing the requirement that members of the Band be residents of the city of Paris; (3) expanding the Band Commission membership from three to five members; (4) providing for the membership of the Band Commission to consist of a representative of the Visitors and Convention Council of the Lamar County Chamber of Commerce, one member who is an active member of the Band, and three at-large members; (5) deleting the requirement that members of the Band Commission not be related by blood or marriage within the third degree to any member of the Municipal Band or the leader thereof, and deleting the requirement that members of the Band Commission not be in any manner connected or related to any dealer or firm engaged in the purchase or selling of musical instruments; (6) providing for a two year term instead of a one year term; (7) establishing staggered terms for the membership of the Commission; (8) providing for bi-annual meetings; (9) establishing a quorum of at least three members for each meeting; (10) providing for officers; (11) modifying the budgeting provisions to conform with the City's current budget practices; and (12) providing for the Band Commission rather than the Mayor to outline a regular program or schedule of concerts for each year. RECOMMENDED ACTION: Consider for approval the proposed ordinance and resolution. COST: There should be no additional cost incurred as a result of adoption of this ordinance and resolution. STAFF CONTACT: Michael E. Malone, City Manager; Larry W. Schenk, City Attorney COUNCIL DATE: Consider for approval at City Council's March 26, 2001, special Council meeting. ADDITIONAL MATERIALS: See enclosed proposed ordinance to codify and amend the provisions of the current ordinance, and a proposed resolution appointing members to the new Commission. DRAFT LISA\ORDINANCES\CURRENT\Band Commission - Amend Ord March 23, 2001 ORDINANCE NO. 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 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 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 X! 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 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 of the 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 (1) 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 2 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 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 of the 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 3 make a trip out of the coumy nor expend any of its funds for that purpose unless granted special authority to do so by the City Manager. "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. ATTEST: Michael J. Pfiester, Mayor Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney 4 DRAFT LISAkRESOLUTIONS\CURRENT\Band Commission Appt 3-26-01 March 23, 2001 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPOINTING MEMBERS TO THE BAND COMMISSION OF THE CITY OF PARIS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; 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 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 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 did heretofore codify and amend the operative provisions of Ordinance No. 873 creating the Municipal Band and the Band Commission by adding Article X! to Chapter 2, Sections 2-550 through 2-574 to the Code of Ordinances; and, WHEREAS, as a result of the aforesaid amendment and codification, State law and Sec. 2- 551 of the Code of Ordinances of the City of Paris provide for the creation of a Band Commission of five (5) members to be nominated by the Mayor and appointed by the City Council, one (1) appointee to be a representative of the Visitors and Convention Council of the Lamar County Chamber of Commerce, one (1) member to be an active member of the Band, and three (3) members to be appointed at-large; and, WHEREAS, Sec. 2-551 of the Code of Ordinances further provides that each appointee to the Band Commission shall be appointed thereto for a two (2) year term, provided that Commission members initially appointed shall begin their service the date of their appointment and such service shall end June 30, 2001, and thereafter each of the initial Commission members shall determine by the drawing of lots, two (2) members whose first full term shall be one (1) 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 to be thereafter maintained; and, WHEREAS, the City Council of the City of Paris, Paris, Texas, desires to make the necessary appointments to the restructured Band Commission of the City of Paris; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That there is hereby appointed five (5) members to the Band Commission of the City of Paris, the same being Linda Suarez as a representative of the Visitors and Convention Council of the Lamar County Chamber of Commerce; T. R. Randy Bunch, who is an active member of the Municipal Band; and Edmond Castleberry, Dr. James M. Brunette, and Albert Nichol, as at-large members of the Commission. Section 3. That each member so appointed shall serve an initial service beginning the date of appointment and ending June 30, 2001; 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 (1) year in duration ending June 30, 2002, three (3) members who first full term shall be two (2) years in duration ending June 30, 2003, with the staggered two (2) year terms thereby established to be thereafter maintained. Section 4. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 26th day of March, 2001. ATTEST: Michael J. Pfiester, Mayor Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney