ORDINANCE NO. 76-D-3
THE STATE OF TEXAS I
COUNTIES OF GUADALUPE, COMAL & BEXAR I
CITY OF SCHERTZ I
On this, the 20th day of April, 1976, at 7:00 o'clock P.M., the
City Council of the City of Schertz, Texas, convened at a regular meeting
at the regular meeting place in the Municipal Building in the City of
Schertz, Texas, pursuant to due call and notice to all of the members of
said City Council, which meeting was al all times open to the public, and
at which meeting the following members were present, to-wit:
ROBERT C. BUEKER
RICHARD L. HOWE
DONALD J. SEEBA
WALTER F. SCHNEIDER
ED L. SHARPE
GAIL HYATT
MAYOR
COUNCILMAN
COUNCILMAN
COUNCILMAN
COUNCILMAN
COUNCILWOMAN
AND
JUNE G. KRAUSE
DENNY L. ARNOLD
CITY SECRETARY
CITY MANAGER
There being a quorum present, the meeting was called to order by
the Mayor, and, among other proceedings had were the following:
The Mayor introduced the hereinafter set forth ordinance, which
has been read and considered at the last regular meeting of the City
Council on the 6th day of April, 1976. It was determined that the City
Secretary had caused a short synopsis of said proposed ordinance to be
published in the official City newspaper after its consideration at the
last regular meeting of the City Council and prior to this meeting.
Whereupon said ordinance was discussed and further considered
by the Council.
Thereupon it was moved by CO~Ci 1 man 4a-t1
and seconded by Councilman J,Laft!f'R ~
that said ordinance be finally passed and adopted. The Mayor put the
motion to a vote of the members of the City Council and the ordinance was
finally passed and adopted by the following vote:
AYES: All Councilmembers present voted IIAYEII.
NAYS: None
ORDINANCE NO. 76-0-3
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, MAKING IT AN OFFENSE TO FAIL TO APPEAR IN ANSWER
TO A SUMMONS; FIXING, ESTABLISHING, AND ADOPTING RULES
AND REGULATIONS FOR THE COLLECTION OF FEES INCURRED IN
THE ISSUANCE AND SERVICE OF WARRANTS OF ARREST; AUTHO-
RIZING THE PAYMENT OF FEES TO WARRANT OFFICERS FOR
SERVING WARRANTS OF ARREST; MAKING PROVISION FOR THE
COLLECTION OF FINES BY EXECUTION AGAINST PROPERTY OF
DEFENDANTS OR BY THE IMPRISONMENT OF DEFENDANTS; PRO-
VIDING FOR PUBLICATION OF THIS ORDINANCE; AND CONTAIN-
ING OTHER PROVISIONS PERTINENT TO THE SUBJECT HEREOF
******************************
WHEREAS, the City Council of the City of Schertz, Texas, has
determined that in many instances persons have failed to make their appearance
at the Municipal Court of the City of Schertz, Texas, after signing and execu-
ting their promise to appear; and
WHEREAS, said City Council further finds that the Municipal Court
of the City cannot function efficiently unless provision is made for the
appearance and arrest of persons who fail to keep their promise to appear;
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:
I
That if, and in the event, a police officer or other authorized officer
of the City of Schertz, Texas, issues a summons for an apparent violation of the
laws of the State of Texas, enforcement of which lies within the jurisdiction of
the City of Schertz, or for a violation of a penal ordinance of the City of
Schertz, Texas, and the person to whom the summons is issued signs the same
and promises thereby to make his appearance before the Municipal Court of said
City at the date and time stated in such summons, and thereafter fails to make his
or her appearance at such date and time, such failure to appear shall constitute
a further and additional offense. In the event of such failure to appear, the
Clerk of the Municipal Court shall cause a complaint to be prepared and filed
charging such failure to appear.
II
The Clerk of the Municipal Court shall cause written notice to be
mailed by certified mail to such party who fails to appear, at the address of
such defendant as reflected on the original summons signed by such defendant,
notifying him that a complaint charging him with failure to appear has been
filed. Such notice shall further advise such defendant that the charges as
evidenced by the original summons and by the said complaint for failure to
appear are set for hearing at a date and time certain, which date and time
shall be contained within said notice. Such notice shall further advise the
the defendant that if, and in the event, such defendant fails to appear at
the date and time set forth in said notice, that warrants shall issue order-
ing the arrest of such defendant both on the charge as evidenced by the
original summons and on the charge of failure to appear.
III
In the event such defendant fails to appear and answer the charges
specified at the date and time stated in said notice, the clerk of the Muni-
cipal Court shall cause warrants to be issued directing the arrest of such
defendant. Such warrants of arrest shall be executed in the form and manner
provided by law. After the arrest of such defendant, said defendant shall be
confined to jail until such time as said defendant shall pay the fines herein-
after specified or execute his appearance bond in the form and manner specified
by law. In the event such defendant elects to pay the fines for the offense
charged in the initial summons and complaint and for failure to appear, such
fine for failure to appear shall be in the sum of $100.00 and in addition, there
shall be charged a fee of $7.50 for each of the warrants issued.
IV
All fines and warrant fees collected pursuant to this ordinance, as
well as other penal ordinances, and any other sums collected by the Municipal
Court, shall be paid into the City Treasury for the use and benefit of the
City of Schertz, Texas.
V
In the event such defendant in lieu of paying the fines, posts his
bond in the form and manner required by law, the clerk of the Municipal Court
shall, prior to release of such defendant advise him of the next docket of the
Municipal Court of the City of Schertz, Texas. If practicable, such notice
shall be in writing signed by the defendant prior to his release. In the event
the defendant is released prior to receipt of such notice, the clerk shall
furnish such notice to the defendant by mail as expeditiously as possible.
In the event such defendant is released pursuant to his bond and
fails to make his appearance at the next court docket of the Municipal Court
of the City of Schertz, Texas, such bond or bonds shall be forfeited in the
manner provided by law and a new and additional complaint for failure to
appear shall be filed. The clerk of the Municipal Court shall then cause
warrants to be issued on the charges as evidenced by the original complaint
and on both charges of failure to appear. Upon his arrest, such defendant shall
.'
be confined in jail and shall not be released except upon his payment of a
fine of $200.00 for each of the two failures to appear and the payment of the
three $7.50 warrant fees. In the alternative, however, such defendant shall
be released upon his posting a cash bond in the amount of the said fines and
warrant fees or by the direction of his release by a writ of habeas corpus or
other writ issued by a court of competent jurisdiction.
VI
In the event a warrant of arrest has been validly prepared, autho-
rized, logged and issued pursuant to this ordinance and the defendant, prior
to the service of said warrant upon said defendant, voluntarily comes forward
to pay his fine, the fine assessed shall be in accordance with the fee schedule
for voluntary payment of fines then in force as recommended by the Judge of the
Municipal Court; however, the $7.50 warrant fee shall be collected in addition
to such fine.
VII
Warrants of arrest issued hereunder shall be issued and served in
the form and manner provided by the Texas Code of Criminal Procedure.
VIII
There shall be paid to each officer serving, or having made all
reasonable attempts to serve, a warrant issued pursuant to this ordinance a
fee of $10.00.
IX
The Chief of Police shall prepare administrative procedures for
the preparation and issuance of warrants, a warrant docket, the payment of fines,
arrest and confinement of defendants, release of defendants on bond, schedules
of cases on the docket of the Municipal Court and other pertinent administrative
regulations pertaining to the enforcement of this ordinance and other penal
ordinances of the City of Schertz. Such administrative regulations shall be
approved by the City Manager and the City Attorney, and shall contain strict
controls relative to the service and attempted service of warrants, the collec-
tion of fines and warrant fees and the payment of cash bonds so as to insure
financial integrity.
X
The City Secretary shall cause this ordinance to be published in its
" .
..
'"
entirety in the official newspaper of the City in the form and manner re-
quired by law for penal ordinances. The official newspaper of said City
being a weekly newspaper, publication shall be made in one issue thereof.
Proof of such publication shall be made by the publisher or other employee
of the newspaper by affidavit filed with the City Secretary and shall be
prima facie evidence of such publication and the promulgation of this ordin-
ance in all courts of the State. This ordinance shall take effect and be
in force from and after the publication hereof as hereinafter provided.
-J
PASSED, ADOPTED AND APPROVED this, the .~cJ day of
r:;y.. ~ fl , 1976.
/'7
, ,/"."/
~C~~
Mayor, City of Schertz, Texas
ATTEST:
(SEAL OF CITY)
,,'7
17
1b/
PUBLISHER'S AFFIDAVIT
The State of Texas }
County of Guadalupe
Before me, the undersigned authority, on this day personally appeared_______m._________
_'__m'_____m_____m__~_~_~_~___~!__~_~g0_~.~_!:mm__m_____.____.________------of who being duly sworn says that
he (she) is fhe _:_______________~.~~_~_?_~______m__.__m____________________ of __~.~_~__Y_~}1~x_.~~~_~.__m..._.__,
a weekly newspaper published at __m____________________.._?~~_~~:~____m____m_m__________mm___' in said
county and state and that ___ __ _ _ ____ __ __ _ _ __ .___ _______.m _.___..______ __.. __ _ ~~ _~_~_~~._ ___... _____.______ m .._ -_.'__ -----I
a copy of which is hereto attached, was published in said newspaper on __._____________....__._...
.... _ _ __ _ _ __ _. _. _ _ __ _ _~ p.:r:'_~_?: _ _~.9.!. _. ~_9_7_~.._ _ _ __ _. __ _ _._ _ _ _ _ _ _'_ _ _"'" _ _._..._. _._. _ __ _ .._ _..... __ _ _.. _. __ _ _ __..._. _._ _.._. _.""'" __..
........~.Lfv.........................
Subscribed and sworn to before me this the ._______.__.____.__...3Q.th.._.__________m_____. day of
_.___________..m_._~}?~~;l;....___....m' 19...7..9___
.....~~mm.~~.
Notary Public in and for
_____~~.a._.~~.~_l!?~____m_______.__________ County, Texas
-- --- -
ORDINANCE NO. 76-D-3
AN ORDINANCE BY THE
CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS,
MAKING IT AN OFFENSE TO
FAIL TO APPEAR IN AN-
SWER TO A SUMMONS;
FIXING, ESTABLISHING,
AND ADOPTING RULES AND
REGULA TIONS FOR THE
COLLECTION OF FEES IN-
CURRED IN THE ISSUANCE
AND SERVICE OF
W ARRANTS OF ARREST;
AUTHORIZING THE
PAYMENT OF FEES TO
WARRANT OFFICERS FOR
SERVING WARRANTS OF
ARREST; MAKING
PROVISION FOR THE
COLLECTION OF FINES BY
EXECUTION AGAINST
PROPERTY OF DEFEN-
DANTS OR BY THE IM-
PRISONMENT OF DEFEN-
DANTS; PROVIDING FOR
PUBLICA TION OF THIS
ORDINANCE; AND CON-
TAINING OTHER
PROVISIONS PERTINENT
TO THE SUBJECT HEREOF.
WHEREAS, the City Council
of the City of Schertz, Texas,
has determined that in many
instances persons have failed to
make their appearance at the
Municipal Court of the City of
Schertz, Texas, after signing
and executing their promise to
appear; and
WHEREAS, said City Council
further finds that the Municipal
Court of the City cannot func-
tion efficiently lIDless provision
is made for the appearance and
arrest of persons who fail to
keep their promise to appear;
NOW, THEREFORE,
BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS:
I
That if, and in the event, a
police officer or other
authorized officer of the City of
Schertz, Texas, issues a
summons for an apparent
violation of the laws of the State
of Texas, enforcement of which
lies within the jurisdiction of
the City of Schertz, or for a
violation of a penal ordinance of
the City of Schertz, Texas, and
the person to whom the sum-
"-
--
-- - --
mons is issued signs the same
and promises thereby to make
his appearance before the
Municipal Court of said City at
the date and time stated in such
summons, and thereafter fails
to make his or her appearance
at such date and time, such
failure to appear shall con-
stitute a further and additional
offense. In the event of such
failure to appear, the Clerk of
the Municipal Court shall cause
a complaint to be prepared and
filed charging such failure to
appear.
II
The Clerk of the Municipal
Court shall cause written notice
to be mailed by certified mail to
such party who fails to appear,
at the address of such defen-
. dant as reflected on the original
summons signed by such
defendant, notifying him that a
complaint charging him with
failure to appear has been filed.
Such notice shall further advise
such defendant that the
charges as evidenced by the
original summons and by the
said complaint for failure to
appear are set for hearing at a
date and time certain, which
date and time shall be con-
tained within said notice. Such
notice shall further advise the
defendant that if, and in the
event, such defendant fails to
appear at the date and time set
forth in said notice, that
warrants. shall issue ordering
the arrest of such defendant
both on the charge as evidenced
by the original summons and on
the charge of failure to appear.
1lI
In the event such defendant
fails to appear and answer the
charges specified at the date
and time stated in said notice,
the clerk of the Municipal Court
shall cause warrants to be
issued directing the arrest of
such defendant. Such warrants
of arrest shall be executed in
the form and manner provided
by law. After the arrest of such
defendant, said defendant shall
be confined to jail until such
time as said defendant shall
pay the fines hereinafter
specified or execute his ap-
pearance bond in the form and
manner specified by law. In the
event such defendant elects to
. .
---- --:::!""
II
, I
~
- - "'" - --.- -- -.-..
$10.00.
pay the fines for the offense
charged in the initial summons
and complaint and for failure to
appear, such fine for failure to
appear shall be in the sum of
$100.00 and in addition, there
shall be charged a fee of $7.50
for each of the warrants issued.
IV
All fines and warrant fees
collected pursuant to this or-
dinance, as well as other penal
ordinances, and any other sums
collected by the Municipal
Court, shall be paid into the
City Treasury for the use and
benefit of the City of Schertz,
Texas.
V
In the event such defendant in
lieu of paying the fines, posts
his bond in the form' and
manner required by. law, the
clerk of the Municipal Court
shall, prior to release of such
defendant advise him of the
next docket of the Municpal
Court of the City of Schertz,
Texas. If practicable, such
notice shall be in writing signed
by the defendant prior to his
release. In the event the
defendant is released prior to
receipt of such notice, the clerk
shall furnish such notice to the
defendant by mail as ex-
peditiously as possible.
In the event such defendant is
released pursuant to his bond
and fails to make his ap-
pearance at the next court
docket of the Municipal Court of
the City of Schertz, Texas, such
bond or bonds shall be forfeited
in the manner provided by law
and a new and additional
complaint for failure to appear
shall be filed. The clerk of the
Municipal Court shall then
cause warrants to be issued on
the charges as evidenced by the
original complaint and on both
charges of failure to appear.
Upon his arrest, such defendant
shall be confined in jail and
shall not be released except
upon his payment of a fine of
$200.00 for each of the two
failures to appear and the
payment of the three $7.50
warrant fees. In the alter-
native, however, such defen-
dant shall be released upon his
posting a cash bond in the
amount of the said fines and
warrant fees or by the direction
of his release by a writ of
habeaS corpus or other writ
issued by a court of competent
jurisdiction.
VI
In the event a warrant of
arrest has been valiClly
prepared, authorized, logged
and issued pursuant to this
ordinance and the defendant,
1 prior to the service of said"-
warrant upon said defendant,
I voluntarily comes forward to I
.. pay his fine, the fine assessed
I. shall be in accordance with the
, fee schedule for voluntary
I payment of fines then in force
as recommended by the Judge
of the Municipal Court;
however, the $7.50 warrant fee
shall be collected in addition to
I such fine.
VII
Warrants of arrest issued
hereunder shall be issued and
served in the form and manner
provided by the Texas Code of
Criminal Procedure.
VIII
There shall be paid to each
officer serving, or having made
. all reasonable attempts to
serx.~, a warrant issued plU"- :
IX
The Chief of Police shall
prepare administrative
procedures for the preparation
and issuance of warrants, a
warrant docket, the payment of
fines, arrest and confinement
of defendants, release of
defendants on bond, schedules
of cases on the docket of the
Municipal Court and other
pertinent administrative
regulations pertaining to the
enforcement of this ordinance
and other penal ordinances of
the City of Schertz. Such ad-
ministrative regulations shall
be approved by the City
Manager a nd the Ci ty Attorney,
and shall contain strict controls
relative to the service and
attempted service of
warrants, the collection of fines
and warrant fees and the
payment of cash bonds so as to
insure financial integrity.
X
The Ci ty Secretary shall
cause this ordinance to be
published in its entirety in the
official newspaper of the City in
the form and manner required
by law for penal ordinances.
The official newspaper of said
City being a weekly newspaper,
publication shall be made in
one issue thereof. Proof of such
publication shall be made by
the publisher or other employee
of the newspaper by affidavit
filed with the City Secretary
and shall be prima facie
evidence of such publication
and the promulgation of this
ordinance in all courts of the
State. This ordinance shall
take effect and be in force from
and after the publication hereof
as hereinafter provided.
PASSED, ADOPTED AND
APPROVED this, the 20th day
of April, 1976.
I
I
I
I!
II
~_ Robert C. Bueker, Mayor
City of Schertz, Texas
ATTEST:
~- June G. Krause
City Secretary
Ci ty of Schertz, Texas
<SEAL OF CITY)
(l-c
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/J
1fe/D
PUBLISHER'S AFFIDAVIT
The State of Texas
County of Guadalupe }
Before me, the undersigned authority, on this day personally appeared._m_____._._____..
.........---m.!..---Bii.r.:-~H..a.,u_gh.t~r----m--m.-.--m--.---..m----._____., who being duly sworn says that
he (she) is fhe ..--.mm-..--m......~..--j.:Edl-t:O!!---m----...--u------___ ~f ---~p.~.__y~JJ~y.__~~_~~.__n.__m_'
a weekly newspaper published at .m-.--m---------'~~g.~_~._~no__._____non____no__.m___.__.n_______' in said
county and state a nd that --. --.. -- __ _. no',"m _ m .u..n__. ____ _ .u_t!_~~_~.~.~ __ __n__ m__u. ___no _ m.. uu __ _.u.. _u__/
a copy of which is hereto attached, was published in said newspaper on _.m__m_m________m__.
.. ---. u.. u. _ -- ~P!.~.~.. _~Z_!_ _. "!.9.I~. _ _ __ _ _ u.. __ _. u.. --.. --. _... .._ _._. _._ _ _ __ _. __ _ _ __ _ _._. _ n _ _ __ _ _ __.. __ _ _ __ _ _ __ _ _ __ _. __ _ _ __ _ _ __ _. n _.
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...- --... ----- --... -------- --- --...--...--... --- ---... ---- --------_...-... ---... ----- --...... ------- --..---... .....--... --... --------- -...... ---... ---.-...-- ------........-........ -...... ---... -------- ...---....
... ............ ... --..... --...... -- ...... ...... ... ... ...... ... ... --... ... ............ -... ... ......... ...... -......... --...... ...... ... ... ...... ... ... -- ...... --...... ...... ............................ --............ ... ............ ... -- ... ... ...... ... "''''''' ..."...... --...... ......... ... --...... --............ ... ... -- ....................-...... --...... --... ............... ....
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.. -.- !~-:.. --- - -. -.... -- -.._.. ___ - _n _ __ _ _ _. ___.n'__,.
Subscribed and sworn to before me this the --_nom__.__m.__m.J:Q~_l)...____________u.___ day of
--_________muu~I?~JJ..mnm___h._' 19...1.9_.
_C( A V rn'-~ *
..-----~~u.-__.u__.._.__.______._._..____r:
Notary Public in and for
...no._~_'::1.~9_~J~!?~__.__.n_..__u.______ County, Texas
'\
AN ORDINANCE
BY THE CITY COUNCIL OF
THE CITY OF SCHERTZ,
TEXAS, MAKING IT AN
OFFENSE TO FAIL TO AP-
PEAR IN ANSWER TO A
SUMMONS; FIXING,
ESTABLISHING, AND
AD'OPTING RULES AND
REGULA TIONS FOR THE
COLLECTION OF FEES IN-
CURRED IN THE ISSUANCE
AND SERVICE OF
WARRANTS OF ARREST;
. AUTHORIZING THE
PAYMENT OF FEES TO
W ARRANT OFFICERS FOR
SERVING WARRANTS OF
A R R'E S T ; M A KIN G
PROVISIONS FOR THE
COLLECTION OF FINES BY
EXECUTION AGAINST
PROPERTY OF DEFEN-
DANTS OR BY THE IM-
PRISONMENT OF DEFEN-
DANTS: PROVIDING FOR
PUBLICA TION OF. THIS
ORDINANCE; AND CON-
TAINING OTHER
PROVISIONS PERTINENT
TO THE SUBJECT HEREOF.
Approved at first reading this
6th day of April, 1976.
June G. Krause
City Secretary
'(1-c