HomeMy WebLinkAboutOrd 26 - cash bail
ORDINANCE NO. 26.
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AN ORDINANCE AUTHORIZING' TI-IE CITY MARSHAL OF THE CITY (}F WEST
UNIVERSITY PLACE, OR ANY DEPUTY CITY MARSHAL THEREOF, OR ANY
OTHER OFFICER THER!~OF, f}10 ACCEPT AND REOEIVE FROUf ANY Aim ALL ,
PERSONS ARRESTED FOR THE VIOLATION' Ol~ ANY ORDINANCE OF' THE CITY
OF WEST UN IVERSI'I'Y PLACE, OR .ANY LAW OF THE STATE Ol:t' TEXAS OF
VrnICH THE CORP~RATION COURT HAS JURISDICTION, CASH BAILS FOR
THE APPEARANCE OF SUCH PERSONS BEFORE THE CORPORA'I'ION COURT,
UNDEH CERTAIN CIRCUMSTANClSS,AND DECLARING AN EMERGENCY.
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BE IT ORDAINED BY THE CITY COUNCIL OF' THE CITY OF WEST
UNIVERSITY PLACE:
Secti'on 1.
The city marshal of the City of West University Place,
any deputy city marshal thereof, or any othe~ &fficer thereof,
is hereby, authorized to receive from any and all persons arrested
fo~ violation of any of the ordinances of the City of West
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University Place, or any law of the State of Texas of Which the
corporation court has jurisdiction, cash bails for the appearance
of such.persons before the corporation court. If such person
voluntarily signs a written agreement in which he agrees that in
the event of failure to make a.ppearance by or upon the date
therein named, that
in 'such case bail may by the corporation ,;court
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Ci ty of Wes t Thiversi ty Place "\, by an ord~,~..
court entered upon its minutes, without
be for~eited to the
or judgment of said
service of notice or citation of any kind upDn such party, and
will in the same instrument authorize such officer, in the
event of his failure to appear on said date, to plead guilty
for him and apply said cash bail to the payment of the fine
and costs which may be assessed ag[--jJ.nst him.
Section 2.'
Such officel" so accepting' 81..tch bail shall fix the sayne'
at not less than Five Dollars ($5.00), but sbould such officer
deem such amount of bail insu,fficient to compel the appeD.rance
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of such persori at the date fixed, then such offtcer may demand
such ,sum as a/cash ball as in his judgment will require the
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appearance of such person at said date set for said trial,
pI'ovided tnat no cash bail shall be accepted unless voluntarily
offered by the person charged, after such person has been giv,en
the opportunity of being permitted to appear before the corpora-
tion judge or recorder, and there answer to said charge.
Section 3.
When a cash bail is tendered and accepted in accordance
wi th the foregoing, such of ficer shall issue a special C8:S~'l bail
receipt therefor to the person tendering the cash bail, a copy of,
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which shall be a tta:ehed to and accompan~y the complai:!1t so filed,
and one copy remain in said cash bail receipt boom. When a casl).
bail is returned to the person who deposited it, a receipt shall
he talwn therefor. The same procedure shall apply where the
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person who deposited the money is present and orders such cash
bail to be applied on the payment of fine and costs assessed.
V\.Ihen such pel'son fa ils to make his .appearanc e and the officer'
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pleads guilty for him, he shall apply so much of said cash bail
as may be necessary to the satisfaction of such fine and costs,
and the balance he shall return to such defendant. In the event
such cash bail is forfeited, then the entire sum shall be paid
unto the proper officer of the city.
Section 4.
The fact that no ordinances are now in force whereby
the city marsrlal, 01' other' officers of the City of hest Univer-
sity Place, are pernd,tted to accept cash bail, and due to
nllli\BrOUS arrests for the violation of various ordinances of the
City' of 1'Jest TJn:t~-Jers:ity fIece" makes such 8nord.inance imperative
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for the :f:J:i::'otect,ion and convenience of all concerned, and
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creates an e~ergency and an imperative public necessity,
wher_efore the second and tb,ird readings of this ordinance are
hereby suspended and this ordinance shall become effective
immediately upon its passage, approval and publtcation as
required by law.
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Passed and approved thiS,,;!;j? -- day
of ~ b 1929
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City Clerk.
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