Loading...
HomeMy WebLinkAbout03042 ORD - 05/22/1951P1d ORLINUICE D3SIGNATIEG Ifni HOD OF RzMASE OF F.-T. iSONS CHARGED IN CORPORATICRR COURT; DEFINING BAIL BLRID AND RE- COGNIZANCE; PRESORIMIG THE FM OF DAIL BOND AIM PROCEDURE FOR TARING SAI;E; PROVIDING FOR RECOGNI- ZANCE 44TH .: CASH DEPOSIT IN ESCROY III LIEU OF all, BOND, ITS FORIf, AI•ID A PROCEDURE FOR DISPOSING OF SUCH ESCROW DEPOSIT; PROVIDING FOR DnrOSITING SAID DEPOSIT IN A T!.UST FUND AND FOR ITS 71THDRE"NAL; PRO- VIDING THAT RECEIPT L'GST BE SUtRREI'MLIV D TO OBTAIIi DErOSIT; PROVIDING FOR DESTRUCTION OF CO2P0.9ATION COURT RECORDS, AND DECLARIFG PIT BMGENCY. BE IT ORDAIIIED BY TIM CITY COUNCIL OF THE CITY OF CORPUS CaISTI, TEXAS; SECTION 1. The Chief of Police of the City of Corpus Christi, or any officer designated by him, in all misdemeanors whereby a person is charged in the Corporation Court of the City of Corpus Christi with a violation of any of the laws and ordipances of the City of Corpus Christi or the State of Teyas, has the author- ity, where the person charged is in custody under warrant of commit- ment, copies warrant of arrest, or if the person charged has been 1 arrested without warrant, or where the person charged has been sur- rendered by his bail, to release said party from custody by taring of said party a bail bond or releasing said accused on his mom recognizance. SECTION 2. The following meanings shall be _iven the follow- ing words: a. Person: Every natural person, fim, co- partnership, association, or corporation. b. Bail bona: A bail bond is an undertaking entered into by the party charged and his sureties for the appearance of the principal therein before some court or magistrate to answer a criminal accusation; it is written out and signed by the party charged and his sureties. G. Recognizance: A recognizance is a promise to appear for " trial by a party charged at any data set For said trial together with a cash deposit placed in escrow with the City of Corpus Ohristi to in- sure such appearance. s SECTIC4i j. Forms of bail bonds, approved by the Corpora, tion Court Judge shall be printed in book form, the Bonds being num- bered consecutively and retained in the Office of the Chief of Police, available without charge for use of anyone desiring to submit a bail bond and desiring to be released from jail pending his appearance in Corporation Court. Bonds e.ecuted on such forms shall be signed by the principal and sureties at the City Hall in the presence of, and may be filed with, the Clerk of the Corporation Court or the Chief of Police or any officer designated by him. Each bond, as needed, shall be filled oat showing, vi-th the signature of the official before whom the bond is thus executed, the number of the bond, its face amount, the names of the principal and sureties, their addresses, telephone nvnbers and the date, and reciting that said bond was conditioned on appearance of the party charged for trial before the corporation oourt on a date and time certain. SECTION 4. Within twenty -four hours after acceptance of each bail bond, the same shall be delivered to and thereafter re- tained by the Clerk of the Corporation Court. Such Clerk shall at all times have access to the book then in current use, and such bail bonds shall be a portion of the records of the Corporation Court. SECTION* 5. In liou of the bail bond procedure set out is Section j of this Crdinanee, any party* violating any ordinance of the City of Corpus Christi or statute of the State of Texas, who is charged in the Corporation Court, my be discharged on his own recog- nizance, provided he executes a recognizance agreement of the form provided for in this Ordinance and delivers it to the Chief of Police or an officer designated by him to fecept such recognizance, and pro- vided the party complained of deposits with such official an amount of cash equal to that amount set for the offense charged in such order or orders of the Corporation Court Judge as may be entered from time to time. The officers authorized to accept such recognizance and escrow deposits by the Chief of Police shall act in such capacities i -z ti only so long as approved by the City 4_anager, and shall execute and deliver to the City Tanager such bond as the City ?:anger shall con- Sider appropriate. SECTIou 6. There shall be kept in the office of the Chief of Police a book containing said forms of recognizance agreements, the form of which shall have the approval of the Corporation Court Judge. These forms shall be serially numbered in quadruplicate so that the agreements may be prepared with an original, which within twenty -four hours after its acceptance shall be delivered to the Clerk of the Corporation Court, together with the escrow deposit accepted with the agreement, and which original shall thereafter be a part of the record of the cause in the Corporation Court; a dupli- cate, which shall remain in the book in the possession of the Chief of Police; a triplicate, which shall be fornarded to the City Comptroller; and a quadruplicate, which shall be delivered to the accused as's receipt for said deposit; Such book of forms, when all of the forms of recognizance in the book are used, shall then be de- livered with the duplicate copies in the book to the Cleri: of the Corporation Court for retention among the permanent records of the - Corporation Court of the City of Corpus Christi. SECTIal 7. The Clerk of the Corporation Court shall de- posit once each day monies received as escrow deposits, and shall de- posit said monies to a Trust Fund account of the City of Corpus Christi. %lithdrawals from said account shall be made only by checks signed by -the Clerk of the Corporation Court or his deputies. Dupli- cate copies of checks written on said account should be delivered to the City Comptroller. SECTION S. These recognizance agreements shall recite the offense by which the party has been charged, shall contain his agree- ment to appear in the Corporation Court on the day and hour certain, the amount of the deposit in escrow with the City of Corpus Christi, and an agrooment signed by the party charged reciting that upon failure. -3- L of the party executing the same, or his attorney to appear on said, hour and date before the Corporation Court of the City of Corpus Christi for trial, that the Chief of Police or his deputy is author- ized to enter a plea of guilty to the charge and to declare the escrow deposit ( or any part thereof) as forfeited and further to use said forfeited deposit to satisfy the amount of fine assessed by the Judge of the Corporation Court of the City of Corpus Christi, Texas. SECTION 9. If the accused at any time submits a bond in lieu of his recognizance and deposit, and the same is found suffi- cient by the Corporation Court Judge and is approved, he shall be entitled to a return of his deposit. If he complies with the terms of the recognizance and at the hearing before the Corporation Court rr Judge is acquitted or Vthe proceedings are tnon or theretofore dis- missed; then the amount of the escrow deposit shall be returnedito -him. If at such proceeding he is then fined, hie agreement being complied with, the accused may become entitled to return of the es- crow deposit by paying the Fine or by executing an appeal bond and such bond being approved by the Corporation Court Judge and filed; otherwise, as the agreement shall provide, the amount of the escrow deposit shall be applied to the payment of the fine and all costs in the case, any balance then to be returnable to the accused. SECTIOP? 10, ITo return of ponies deposited in escrav by the accused shall be made, unless the receipt Given for said deposit shall be surrendered to the Clerk of the Corporation Court. SECTIOil 11. The City Meager may at any tire order the destruobion of any records of the Corporation Court; PROVIDED, how- ever, that no records shall be destroyed which pertain to any case not yet disposed of and /or which has been disposed of within less than twelve months. SECTION 12. The fact that no ordinance new exists regu- lating the taking of bail bonds and recognizances in the Corporation d Court creates a public emergency and imperative public necessity rA- quiring a suspension of the Charter Rule, providing that no ordinance or resolution shall be passed finally on the day it is introduced, and that such ordinance or resolution shall be read at three several meetings of the City Council, and the I!ayor having declared that such public emergency and imperative public necessity exists, and having requested that said Charter Rule be srspended, and that this Ordinance be passed finally on the date it is introduced, and that this Ordinance take effect and be in full force and effect from and after its passage, IT IS SO ORDAINED. B^SSF•D AND 41- FROVdD this the Z Yday of tray, A.L. 1951- ATTEST: City Secretary APPROVED AS TO LEGAL 301115: f i! -5- LP R City of Corpus Christi, Texas Corpus Christi, Texas TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas Gentlemen: For the rose= net forth in the emergency clause of the fore- going ordinance, a public emergency and imperative necessity exist for the suspension of the Charter rule or requirement that no ordinanoe or resolution shall be passed finally on the date it is introduced, and that such ordinance or resolution shall be read at three meetings of the City Council; I, therefore, hereby request that you suspend said Charter rule or requirement and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council, Respectfully, M$YOR City of Corpus Christi, Texas The Charter rule wan suspended by the following votes Leslie Wasserman _ 42* ` Jack DeForrest ,'� Barney Cott Sydney E. Herndon Qtis George L. Lowman The above ordinance was passed by the folllmving votes Leslie Passerman Jack DeForrest Barney Cott Sydney E. Herndon George L. Lawman