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ORD 380 09/02/1986 ORDINANCE NUMBER 380 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS, MAKING IT AN OFFENSE TO FAIL TO APPEAR IN ANSWER TO A SUMMONS; FIXING, ESTABLISHING, AND ADOPTING RULES AND REGULATIONS FOR A FINE IN THE AMOUNT OF SEVENTY ($70.00) DOLLARS FOR THE OFFENSE OF FAILURE TO APPEAR AND A FEE OF TWENTY-FIVE ($25.00) TO BE ADDED TO THE WARRANT ISSUED IN ADDITION TO ANY OTHER FINE THAT MAY HAVE ALREADY BEEN IMPOSED; AUTHORIZING A FEE THAT SHALL BE PAID TO THE WARRANT OFFICER APPOINTED THAT SERVES AND COLLECTS A WARRANT ISSUED BY THE CITY OF CIBOLO, TEXAS; REVOKING ORDINANCE NUMBER 245, DATED SEPTEMBER 1 , 1977, ORDINANCE NUMBER 321 , DATED NOVEMBER 25, 1983, AND AMENDMENTS 321-A AND 321-B OF THE CITY OF CIBOLO; AND ESTABLISHING AN EFFECTIVE DATE OF SEPTEMBER 2, 1986 FOR THE IMPLEMENTATION OF THIS ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS: SECTION 1 . That if, and in the event, a police officer or other authorized officer of the City of Cibolo, 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 Cibolo, 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. SECTION 2. If a defendant or the defendant's attorney fails to appear before the Municipal Court at the time specified on the citation, and has not paid the fine due for said violation, the Clerk of the Municipal Court may issue a Warrant of Arrest and file a separate violation of Failure to Appear against the defendant. Prior to a Warrant of Arrest being issued for the defendant, the Clerk of the Municipal Court may send a reminder notice to the defendant's last known address advising the defendant that he/she has ten (10) days from the date of the notice to dispose of the charges, or post a CASH bond in the amount of TWO HUNDRED ($200.00) DOLLARS per offense and promise to appear at a future date designated at the time of posting the CASH bond. The REMINDER NOTICE may be sent the day after the court date on which the defendant was summoned to appear. SECTION 3. 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 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 $ 70.00 plus costs and in addition., there shall be charged a fee of $ 25.00 for the warrant of Failure to Appear. SECTION 4. 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 Cibolo, Texas. SECTION 5. In the event a warrant of arrest has been validly prepared, authorized, 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 $ 25.00 warrant fee shall be collected in addition to such fine. SECTION 6. Warrants of arrest issued hereunder shall be issued and served in the form and manner provided by the Texas Code of Criminal Procedure. SECTION 7. There shall be paid to the appointed Warrant Officer serving and collecting a warrant issued pursuant to this ordinance, a fee in an amount as may from time-to-time be established by the City Council. SECTION 8. There shall be established 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 Cibolo. Such administrative regulations shall be approved by the City Administrator and/orMayor and the City 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. SECTION 9. This Ordinance shall become effective on September 2, 1986. PASSED, APPROVED AND ADOPTED THIS THE �= day of September, 1986. BILL LITTLE, MAYOR CITY OF CIBOLO ATTEST: / CITY SEC' TARY WARRANT OF ARREST THE STATE OF TEXAS To any Police Officer of the State of Texas, or any Peace Officer of the State of Texas: YOU ARE HEREBY COMMANDED to take the body of if to be found in your County, and him safely keep so that you will have him before the Municipal Court of The City of Cibolo, Guadalupe County, Texas, to be held forthwith to answer the State of Texas, wherein he is charged with an offense against the laws of this state. HEREIN FAIL NOT, but have you this writ before said Court with your return thereon, showing how you have executed the same. Given under my hand and signature, at my office in The City of Cibolo, Texas, this the day of , 19 (Issued Same Day) Judge, Municipal Court The City of Cibolo, Guadalupe County, Texas (SEAL)