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