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89-D-33 Amendment ORDINANCE NO.~~-[)-~ AN ORDINANCE OF THE CITY OF SCHERTZ, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS, BE AMENDED BY REVISING SECTION 12-4 OF SAID CODE; PROVIDING FOR THE ASSESSMENT AND COLLECTION OF SPECIAL EXPENSES IN CONNECTION WITH PERSONAL BOND AND SECTION 12-6 FAILURE TO ANSWER SUMMONS, AND PROVIDING A REPEALING CLAUSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION I THAT Section 12-4 of the Code of Ordinances of the City of Schertz, Texas, be amended so that such section shall read as follows: "Section 12-4 Assessment and collection of special expenses in connection with personal bond. The judge of the municipal court is hereby authorized to assess, levy and collect those special expenses dealing with the requisites of a personal bond and a special expense for the issuance and service of a warrant of arrest, after due notice, in an amount not to exceed thirty-five dollars ($35.00). Such special expenses shall be paid into the city treasury for the use and benefit of the city." SECTION II THAT Section 12-6 (c), (d) and (g) of the Code of Ordinances of the City of Schertz, Texas be amended so that such sections shall read as follows: "Section 12-6(c) Voluntary payment of fine after issuance of arrest warrant. In the event a warrant of arrest has been val idl y prepared, author ized, logged and issued pursuant to this section and the defendant, prior to the service of said warrant upon said defendant, vol untar il y comes forward to pay his fine, the fine assessed shall be in accordance with the fee schedule for vol untary payment of fines then in force as recommended by the judge of the Municipal Courti however, the warrant fee as established under Section 12-4 shall be collected in addition to such fine." / "Section 12-6(d) finesi posting bond. Warrants of arresti confinement; Warrants of arrest issued 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 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 the sum of fifty dollars ($50.00) and in addition, there shall be charged a warrant fee as established under Section 12-4 for each of the warrants issued." "Section 12-6(g) Failure to appear at next docket: forfeiture of bondi new complaint filedj warrants issuedj etc. In the event such defendant is released pursuant to his/her bond and fails to make his/her 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/her payment of a fine of two hundred dollars ($200.00) for each of the two (2) failure to appear and the payment of the three warrant fees as establ ished under Section 12-4. In the alternative, however, such defendant shall be released upon his posting a cash bond in the amount of said fines and warrant fees or by direction of his release by a writ of habeas corpus or other writ issued by a court of competent jurisdiction." SECTION III THAT all ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. Approved on first reading the /7 day of GrV~__., 1989. PA,SSED, ~OVE~ ADOPTED this the of ~ _, 1989. '? day ATTEST: Mayor, City of Schertz, Texas