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ORD 245 09/01/1977 ORDINANCE NO. 245 biee p��1 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 THE COLLECTION OF FEES INCURRED IN ��� THE ISSUANCE AND SERVICE OF WARRANTS OF ARREST; AUTHO- -ao 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 4R9H;WAH :£-iHHWA-3c-;-3HH ,HH ;:3:44 1-31;mac WHEREAS, the City Council of the City of Cibolo, Texas, has determined that in many instances persons have failed to make their appearance at the Municipal Court of the City of Cibolo, 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, EH, IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS: I 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, or for a violation of a penal ordinance 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. 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 Cibolo, 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 Cibolo, 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 Cibolo, 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 accordaa ce 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 pena4.. ordinances of the City of Cibolo . Such administrative regulations shall be approved by the City Manger 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. PASSED, ADOPTED AND APPROVED this, the 0 day of i _%