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HomeMy WebLinkAboutOrdinance 6712 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 12 OF THE FORT WORTH CITY CODE (1964) , AS AMENDED, COURTS , BY ADDING THERETO SECTIONS 12-16 THROUGH 12-32, INCLUSIVE; PROVIDING FOR THE REGULATION AND LICENSING OF BAIL BONDSMEN IN THE MUNICIPAL COURTS OF THE CITY OF FORT WORTH; PROVIDING FOR THE CREATION AND OPERA- TION OF A BAIL BOND COMMISSION; REQUIRING A LICENSE TO POST BAIL BONDS IN THE MUNICIPAL COURTS OF THE CITY OF FORT WORTH; PROVIDING FOR NOTICE AND HEAR- ING; PROVIDING FOR BOND; PROVIDING FOR REVOCATION OF LICENSE; REQUIRING RECORDS FROM LICENSE HOLDER; PROVIDING FOR PUBLIC INSPECTION OF RECORDS ; PRO- VIDING FOR MAXIMUM BOND CHARGES, MAKING CERTAIN CONDUCT UNLAWFUL; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES ; REPEALING ALL ORDINANCES AND PROVISIONS OF THE FORT WORTH CITY CODE IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; PRO- VIDING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS : SECTION 1. That Chapter 12 of the Fort Worth City Code (1964) , as amended, is hereby amended by adding thereto Section 12-16 through Section 12-32, inclusive, and, after being so amended, same shall read as follows : "Sec. 12-16 . Bail Bond Commission -- Created; Composition; Term of members . "There is hereby created for the administra- tion of this ordinance a Bail Bond Commission which shall be composed of three members who shall serve without remuneration for their services and who shall be appointed by the City Council. Of the first three Commissioners selected after the adoption hereof, one shall be appointed for a term of one (1) year, one shall be appointed for a term of two (2) years, and one shall be ap- pointed for a term of three (3) years . Thereafter, the term of office of each Commissioner shall be for three (3) years, or until a successor is ap- pointed and confirmed. "Sec. 12-17 . Same -- Internal organization; duties . "The Commission shall elect a Chairman and a Vice-Chairman from its members and shall adopt rules and regulations for the conduct of its business . The City Secretary or his delegate shall serve as Secretary of the Commission. Two members of the Commission, exclusive of the Sec- retary, shall constitute a quorum for the trans- action of business . No application for a license to become a surety on a bail bond in the City of Fort Worth, Texas, shall be either granted or re- fused without notice and hearing. No hearing on any such application shall be held unless and until the applicant shall have been given at least ten days notice in writing of the date, time, place and purpose of such hearing. All parties testi- fying at such hearing shall be placed under oath by the Chairman or the Secretary of the Commission. "Sec. 12-18. License -- Required. "It shall be unlawful for any person to be- come a surety for compensation on a bail bond in regard to any criminal charge or appeal therefrom in the Municipal Courts of the City of Fort Worth, without first complying with the provisions of this Chapter and obtaining and having a license issued by the Bail Bond Commission of the City ; provided, however, that no license shall be re- quired of: (a) any corporation authorized by law to act as a surety, or any employee or agent of such corporation while acting exclusively as an employee or agent of such corporation; (b) any person, firm, association or cor- poration issuing or posting a bail bond certificate with respect to which a li- censed liability and surety company has become surety ; (c) any person not in default posting three or less bail bonds during any calendar year; (d) any attorney acting as surety on his client's criminal bond, so long as the attorney-client relationship existed prior to the signing of the bond by the attorney. 2 - "Sec. 12-19. Same -- Application for issuance. "Any person desiring to become a surety for compensation on a bail bond to be posted in the Municipal Courts of the City of Fort Worth, shall make an application to the Bail Bond Commission for a license therefor. The Bail Bond Commission shall issue to such person a license upon his com- plying with the terms of this Chapter. "Sec. 12-20. Same -- Applications; information to be contained. "A license to post bail bonds in the Municipal Courts of the City of Fort Worth shall be granted only after notice and hearing upon an application for such license filed in triplicate with the City Secretary. Such application shall be sworn to by the applicant and shall contain the following in- formation: (a) The full name and address of the person applying for a license to post bail bonds in the Municipal Courts of the City of Fort Worth. (b) Whether the applicant has been engaged in a like or similar business desig- nating the place where, and length of time such business was conducted. (c) Whether the applicant is, or has ever been upon the approved bond list of any federal, state, county, or municipal court. (d) The current name and address of the applicant 's place of business, if any . (e) Whether the applicant is currently in default on any federal, state, county, or municipal bail bond for which he is surety. "Sec. 12-21. Same -- Notice of hearing; conditions of approval; certification to City Secretary. "Upon receipt of a proper application as provided in Section 12-20, the City Secretary shall set a time and place for hearing of said application, and such time for hearing shall be at least ten days, but not more than ninety days after the date on which the application is re- ceived. The City Secretary shall notify the - 3 - applicant of the time and place set for hearing. In the absence of notice acknowledged by the applicant, the City Secretary shall give written notice to the applicant by depositing same in the United States mail in a sealed envelope with sufficient postage attached, addressed to appli- cant at the address shown on the application. Such mailed written notice shall be sufficient if deposited in the United States mail at least ten days prior to the date of the hearing. At the conclusion of the hearing on any such appli- cation, the Bail Bond Commission shall authorize and direct the City Secretary to issue the license applied for unless the Commission finds that: (a) The applicant has been convicted of a crime involving moral turpitude, or (b) The applicant has made or caused to be made false statements or material misrepresentations in the application or at the hearing on the application, or (c) The applicant has failed, neglected or refused to perform the duties and responsibilities placed upon sureties by the laws of the State of Texas and City of Fort Worth, or (d) The applicant has paid or offered to pay a fee, rebate or a thing of value to any employee of the City of Fort Worth for such employee 's aid in pro- curing the employment of said appli- cant as a surety on a bail bond rela- tive to any criminal charge or appeal therefrom in the Municipal Courts of the City of Fort Worth, or (e) The applicant has engaged in any fraud or misrepresentation to his principal relative to said applicant ' s activity or any matter related to the criminal charge or charges against his principal, or (f) The applicant has failed to assist the Municipal Courts in having his principal appear at the designated time ordered by the court to answer the criminal charges against said principal, or 4 - (g) The applicant, other than an attorney, represented to a principal that ap- plicant could represent in court on a criminal charge said principal, or (h) The applicant has suggested, advised, offered or otherwise solicited in or about any place maintained by the City of Fort Worth where prisoners are con- fined, or on any public street, alley or sidewalk within the City of Fort Worth or in any public building main- tained by the City of Fort Worth the employment of himself or any other person, firm or corporation to become surety on a bail bond relative to any criminal charge or appeal therefrom in the Municipal Courts of the City of Fort Worth as prohibited hereby, or (i) The applicant is currently in default on any bail bond for which he is surety, or (j) The applicant is untrustworthy or in- competent and that the issuance of a license to him would harm the adminis- tration of criminal justice in the Municipal Courts of the City of Fort Worth or would be prejudicial to the general welfare of the citizens of the City of Fort Worth, or (k) The applicant has paid, offered to pay, given or promised a thing of value to an employee of the City of Fort Worth to secure a settlement, compromise, remission or reduction of any bail bond or forfeiture there- of in the Municipal Courts of the City of Fort Worth, or (1) The applicant has charged an amount in excess of that specified in Sec- tion 12-31 as compensation for be- coming surety on a bail bond relative to any criminal charge or appeal there- from in the Municipal Courts of the City of Fort Worth, or (m) The applicant has or has offered to divide or share fees for becoming a surety on a bail bond relative to any criminal charge or appeal therefrom in the Municipal Courts of the City of - 5 - Fort Worth with any person not licensed under the provisions of this Chapter, or (n) The applicant has violated any of the terms of the license or of this Chapter. "Sec. 12-22 . Bond required; conditions; collection of same. "Any person applying for a license to post bail bonds shall furnish with the application a surety bond in the sum of twenty-five hundred dollars ($2,500.00) in favor of the City of Fort Worth and conditioned upon applicant complying with all the terms of this ordinance. The ob- ligors of any such surety bond shall be the ap- plicant and a responsible surety company duly qualified under the laws of the State of Texas ; provided, however, that in lieu of a surety bond, the applicant may as to all or any part of such bond, deposit with the Treasurer of the City of Fort Worth an equivalent amount of cash. "All surety bonds under the provisions of this Chapter shall be approved by the City Attorney and filed in the office of the City Secretary . "The conditions of the surety bond and security required to be furnished herein by an applicant for a license or for renewal of a license shall be substantially as follows : 'The State of Texas County of Tarrant 'Know all men by these presents, that we, , as princi- pal, and ' as surety, are held and firmly bound unto the City of Fort Worth, Texas, in the penal sum of twenty-five hundred dollars ($2,500) , to the payment of which well and truly to be made we hereby bind ourselves, our heirs, executors, administrators and suc- cessors firmly by these presents : Dated this day of , A. D. 19 'Whereas, the said (principal) has been duly licensed to become a surety on bail bonds relative to criminal charges and appeals there- from in the Municipal Courts of the - 6 - City of Fort Worth, Texas, in accord- ance with the provisions of Chapter 12 of the Code of the City of Fort Worth, Texas (1964) , as amended, for the period commencing to the condition of the above obligation is such that (Princi- al) will comply with the terms, per- form and not violate the applicable provisions of Chapter 12 of the Code of the City of Fort Worth, Texas (1964) , as amended, in effect during the period of such license. 'Now, therefore, if the said Prin- cipal) shall well and truly comply with the terms, perform and not violate the applicable provisions of Chapter 12 of said Code, then the above obligation shall be null and void; otherwise it shall remain in full force and effect and the above bounden (Principal) and (Surety) shall be liable to said City in the penal sum of five hundred dollars ($500) for each and every violation of or failure to comply with the terms and provisions of said Code. ' "The surety bond may be sued on by the City of Fort Worth . Any sum realized in excess of the amount necessary to satisfy the conditions hereof shall belong to said licensee; provided, that the City shall have the right to hold such excess until all obligations of said licensee shall have been satisfied, and also shall have the right to apply all or any part of such ex- cess towards satisfaction of any final for- feiture, fine or penalty imposed against the licensee. "Sec. 12-23 . Same -- Issuance. "Upon receipt of written authorization and direction from the Bail Bond Commission as pro- vided in Section 12-21 or upon notification of action by the City Council of the City of Fort Worth in connection with any appeal from a de- cision of the Bail Bond Commission as provided in Section 12-27, and the posting of an approved bond as provided in Section 12-22, the City Sec- retary shall issue a license to conduct a bail bond business for the period and in the manner authorized by the Bail Bond Commission or the City Council. 7 - "Sec. 12-24. Same -- Duration. "The Bail Bond Commission shall determine from the application and from the evidence ad- duced at the hearing the period during which the applicant shall be permitted to conduct its Bail Bond business ; provided, however, that such period shall not exceed twelve calendar months . Any extension of such period shall be granted only upon the filing of an application and after notice and hearing of the same kind and character as is required for the original license . "Sec. 12-25 . Same -- Nontransferable. "Any license issued hereunder shall be personal to the applicant and shall not be as- signed or transferred to any other person. Any such attempted assignment or transfer shall render the license void. "Sec. 12-26. Same -- Revocation. "If the Bail Bond Commission shall deter- mine any licensee has committed any act for which said licensee could have been refused a license as specified in Section 12-21, excepting subsec- tion (i) thereof, or has committed an unlawful act as specified in Section 12-32, it shall be the duty of the Bail Bond Commission to revoke such license; provided, however, that said li- censee shall be given at least twenty-four hours written notice of such revocation. Said licensee may request within five days of such notice a hearing on such revocation. "Sec. 12-27 . Same -- Appeal from decisions of Bail Bond Commission. "Every applicant shall have the right to appeal to the City Council from any adverse de- cision or ruling of the Bail Bond Commission. Such appeal, if taken, must be in writing ad- dressed to the City Council and filed with the City Secretary within ten days after the date of the decision or ruling appealed from. The City Council shall hold an open public hearing on such appeal at either a regular or special meeting of that body after furnishing notice of such hearing to the applicant and appellant as provided in Section 12-21 for the original hearing. 8 - "Sec. 12-28. Same -- Reports to be filed. "Each licensee hereunder shall furnish to the Commission by filing with the City Secre- tary a detailed report relative to each bail bond on which the license holder is or has been a surety . Such reports shall be made two times each calendar year and each of such reports shall cover a six month period. Such report shall include the following : (a) The date on which the license holder became surety on such bail bond. (b) The name and address of the principal on such bond. (c) The amount of the bail bond. (d) The nature of the criminal charge for which such bail bond was posted. (e) The amount of compensation charged and the amount actually received for being surety on such bail bond. (f) Whether or not the bail bond obliga- tion was forfeited or whether the surety was relieved of his obliga- tion on such bail bond, and, if so, for what reason he was so relieved. (g) The name and address of the person requesting such bail bond if he is not the principal on the bond. "Sec. 12-29. License Fee. "Before any hearing is held or license is- sued under the provisions of this Chapter, the applicant shall first pay to the City a fee of one hundred dollars ($100.00) . Any license fee shall be for a period not to exceed twelve (12) months . In the event the applicant withdraws his application prior to notice and hearing, or in the event no license is granted by the Com- mission, the applicant shall be entitled to a refund of fifty dollars ($50.00) . "Sec. 12-30 . Public inspection of records . "All applications, any records of hearings, all licenses or rulings of either the Bail Bond Commission or the City Council, and all instru- ments filed in connection with any application - 9 - or hearing shall be kept and filed as public records . "Sec. 12-31. Compensation. "The compensation for becoming surety on any bail bond posted under the provisions of this Chapter shall not exceed fifty dollars ($50.00) , but in no event shall such compen- sation exceed the amount of the bail bond. "Sec. 12-32 . Prohibited conduct. "It shall be unlawful: (a) For any person to suggest, advise, offer or otherwise solicit the em- ployment of himself or any other person, firm or corporation to be- come surety on a bail bond relative to any criminal charge or appeal therefrom in the Municipal Courts of the City of Fort Worth in or about any place maintained by the City of Fort Worth where prisoners are confined, or on any public street, alley or sidewalk within the City of Fort Worth, or in any public building maintained by the City of Fort Worth. (b) For any person, firm or corporation to pay a fee or rebate or promise a thing of value to any employee of the City of Fort Worth, or for any em- ployee of the City of Fort Worth to accept such for said employee 's aid in procuring the employment of such person, firm or corporation as a surety on a bail bond relative to any criminal charge or appeal there- from in the Municipal Courts of the City of Fort Worth. (c) For any person, firm or corporation to pay a fee or rebate or promise a thing of value to any employee of the City of Fort Worth, or for any em- ployee of the City of Fort Worth to accept such for said employee 's aid in securing a settlement, compromise, remission or reduction of any bail bond or forfeiture thereof in the Municipal Courts of the City of Fort Worth. - 10 - (d) For any licensee hereunder to divide or share fees with any person not li- censed under the provisions of this Chapter for becoming surety on any bail bond to be posted in the Munici- pal Courts of the City of Fort Worth. (e) For any person, firm or corporation to charge for becoming surety on a bail bond in regard to any criminal charge or appeal therefrom in the Municipal Courts of the City of Fort Worth a sum greater than fifty dollars ($50.00) , or to charge a sum greater than the amount of the bail bond. (f) For any applicant to make a false statement or material misrepresenta- tion on or in connection with any application, renewal, or revocation of a license under the provisions of this Chapter. (g) For any person, firm or corporation, other than an attorney licensed to practice law, to represent to a prin- cipal for whom said person, firm or corporation is a surety on a bail bond posted in the Municipal Courts of the City of Fort Worth that said person, firm or corporation may rep- resent the principal in court. (h) For any licensee hereunder to fail to file any report required under the provisions of this Chapter or to file a false report. SECTION 2 . That this ordinance shall be cumulative of all provisions of the Code of the City of Fort Worth, 1964, as amended, with respect to regulating the bail bond business in the Municipal Courts of the City of Fort Worth except in those instances where the provisions of this ordinance are in direct conflict with the provisions of such Code, in which instances said conflicting provisions of such Code are hereby repealed. - 11 - SECTION 3 . That if any section, part of a section or provision of any section of this ordinance shall be held to be void, in- effective or unconstitutional by a court of competent juris- diction, the holding of such section, part of a section or provision of any section to be void, ineffective or unconsti- tutional for any cause whatsoever shall in no way affect the validity of the remaining sections and provisions of this ordinance, which shall remain in full force and effect. The City Council would not have passed any sections, parts of sections or provisions of any section of this ordinance that were unconstitutional, void or ineffective if it had known that they were unconstitutional, void or ineffective at the time of adopting this ordinance. SECTION 4. That any person, firm or corporation violating any of the provisions of this ordinance shall be fined in any sum not to exceed Two Hundred Dollars ($200.00) , and each viola- tion thereof shall constitute a separate offense. SECTION 5 . That this ordinance shall become effective and be in full force and effect ninety days from and after the date of its passage and publication as required by law, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: City Attorney Adopted by the City Council A14 i d R/ Effective 22wA4ehU_ h12 U - 12 -