AUGUST 11, 2010 CITY COUNCIL ADDENDUM CERTIFICATION

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1 AUGUST 11, 2010 CITY COUNCIL ADDENDUM CERTIFICATION This certification is given pursuant to Chapter XI, Section 9 of the City Charter for the City Council Addendum dated August 11, We hereby certify, as to those contracts, agreements, or other obligations on this Agenda authorized by the City Council for which expenditures of money by the City are required, that all of the money required for those contracts, agreements, and other obligations is in the City treasury to the credit of the fund or funds from which the money is to be drawn, as required and permitted by the City Charter, and that the money is not appropriated for any other purpose. ary K. Suhm City Manager?-- 5- Ie) Date ~:::-,:;:;;==.;LC, Edward Scott \ City Controller S='---,,- Date

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3 ADDENDUM CITY COUNCIL MEETING WEDNESDAY, AUGUST 11, 2010 CITY OF DALLAS 1500 MARILLA COUNCIL CHAMBERS, CITY HALL DALLAS, TX :00 A.M. 2010AUG- 6 M1 II : 44 CIT'''' \."~ I~ ~{ F 'I' t ~~1 \/ ~ V l-.... r ' '---' r \ ; ", 4 DA LLAS. TEXAS REVISED ORDER OF BUSINESS Agenda items for which individuals have registered to speak will be considered no earlier than the time indicated below: 9:00 a.m. INVOCATION AND PLEDGE OF ALLEGIANCE OPEN MICROPHONE CLOSED SESSION MINUTES Item 1 CONSENT AGENDA CONSENT ADDENDUM Items 2-65 Items 1-2 ITEMS FOR INDIVIDUAL CONSIDERATION No earlier than 9:15 a.m. Items Addendum Item 3 PUBLIC HEARINGS AND RELATED ACTIONS 1:00 p.m. Items 73-92

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5 ADDENDUM CITY COUNCIL MEETING AUGUST 11, 2010 CITY OF DALLAS 1500 MARILLA COUNCIL CHAMBERS, CITY HALL DALLAS, TEXAS :00 A. M. ADDITIONS: CONSENT ADDENDUM Public Works & Transportation 1. Authorize a professional services contract with Neel-Schaffer, Inc. for the engineering design of Project Group (list attached) - Not to exceed $49,397 - Financing: Community Development Block Grant Reprogramming Funds ($27,096) and Stormwater Drainage Management Funds ($22,301) Trinity Watershed Management 2. Authorize the deposit of a Special Commissioners Award in the lawsuit styled, City of Dallas v. James Robert McDaniel, Cause No E, for acquisition from James Robert McDaniel of approximately 49,047 square feet of land located near the intersection of Long Acre Lane and Loop 12 for the Trinity River Corridor Project Audubon Center - Not to exceed $309,217 ($305,217 plus closing costs not to exceed $4,000) - Financing: 1998 Bond Funds ITEMS FOR INDIVIDUAL CONSIDERATION Mayor and City Council 3. An ordinance amending Chapter 31 of the Dallas City Code to: (1) prohibit the use, possession, or sale of synthetic cannabinoids and salvia divinorum in the City; (2) prohibit the use or possession of paraphernalia used or intended to be used to introduce synthetic cannabinoids or salvia divinorum into the human body; (3) provide defenses; and (4) provide a penalty of up to $2,000 - Financing: No cost consideration to the City

6 ADDENDUM CITY COUNCIL MEETING AUGUST 11, 2010 DELETION: Economic Development 70. Authorize a public hearing to be held on August 25, 2010 to receive comments concerning the creation of City of Dallas Reinvestment Zone No. 74 located at 4525 Joseph Hardin Drive, Dallas, Texas; and, at the close of the hearing, consideration of (1) an ordinance creating City of Dallas Reinvestment Zone No. 74; (2) a 60 percent business personal property tax abatement for five years with Consolidated Container Company and Weingarten Realty Investors; and (3) a Chapter 380 economic development grant agreement pursuant to the Public/Private Partnership Program with Consolidated Container Company in an amount up to $25,000 associated with retaining and expanding the company s operations in Southern Dallas - Financing: No cost consideration to the City 2

7 Project Group Addendum Item #1 Project Limits Council District Starr Street from Ninth Street to Eighth Street 1 McKinney Drainage Relief 14 3

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9 ADDENDUM DATE August 11, 2010 ITEM IND # OK DEF DISTRICT TYPE DEPT. DOLLARS LOCAL MWBE DESCRIPTION Authorize a professional services contract with Neel-Schaffer, Inc. for the engineering design of Project 1 1, 14 C PWT $49, % 32.71% Group C TWM $309, NA NA Authorize the deposit of a Special Commissioners Award in the lawsuit styled, City of Dallas v. James Robert McDaniel, Cause No E, for acquisition from James Robert McDaniel of approximately 49,047 square feet of land located near the intersection of Long Acre Lane and Loop 12 for the Trinity River Corridor Project Audubon Center 3 All I MCC NC NA NA An ordinance amending Chapter 31 of the Dallas City Code to: prohibit the use, possession, or sale of synthetic cannabinoids and salvia divinorum in the City; prohibit the use or possession of paraphernalia used or intended to be used to introduce synthetic cannabinoids or salvia divinorum into the human body; provide defenses; and provide a penalty of up to $2,000 TOTAL $309, Page 1

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11 KEY FOCUS AREA: Economic Vibrancy ADDENDUM ITEM # 1 AGENDA DATE: August 11, 2010 COUNCIL DISTRICT(S): 1, 14 DEPARTMENT: Public Works & Transportation CMO: Jill A. Jordan, P.E., MAPSCO: SUBJECT 45K 54D Authorize a professional services contract with Neel-Schaffer, Inc. for the engineering design of Project Group (list attached) - Not to exceed $49,397 - Financing: Community Development Block Grant Reprogramming Funds ($27,096) and Stormwater Drainage Management Funds ($22,301) BACKGROUND This action will authorize a professional services contract with Neel-Schaffer, Inc. for the engineering design of Project Group This project group includes one drainage relief project and one sidewalk improvement project. The scope of work includes surveying, design and plan preparation for two projects. The McKinney Drainage Relief design project consists of design of a storm drainage system extension and inlets to improve isolated drainage problems on the east side of McKinney Avenue between St. Paul Street and Akard Street. This project is funded by Stormwater Drainage Management Funds. The Starr Street from Ninth Street to Eighth Street Sidewalk Replacement design project includes sidewalk and barrier free ramp upgrades. The engineering design and construction of this project is funded by FY Community Development Block Grant Reprogramming Funds. ESTIMATED SCHEDULE OF PROJECT Begin Design September 2010 Complete Design February 2011 Begin Construction June 2011 Complete Construction December 2011 PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) This item has no prior action.

12 FISCAL INFORMATION Community Development Block Grant Reprogramming Funds - $27, Stormwater Drainage Management Fund - $22, Design $ 49, Construction Paving & Drainage - (PBW) $188, (est.) Total $238, (est.) Council District Amount 1 $27, $22, Total $49, M/WBE INFORMATION See attached. ETHNIC COMPOSITION Neel-Schaffer, Inc. Hispanic Female 5 Hispanic Male 4 African-American Female 8 African-American Male 8 White Female 87 White Male 271 Other Female 4 Other Male 5 OWNER Neel-Schaffer, Inc. James P. Amick, P.E., Engineer Manager MAP(S) Attached. Agenda Date 08/11/ page 2

13 Project Group Project Limits Council District Starr Street from Ninth Street to Eighth Street 1 McKinney Drainage Relief 14

14 BUSINESS INCLUSION AND DEVELOPMENT PLAN SUMMARY PROJECT: Authorize a professional services contract with Neel-Schaffer, Inc. for the engineering design of Project Group (list attached) - Not to exceed $49,397 - Financing: Community Development Block Grant Reprogramming Funds ($27,096) and Stormwater Drainage Management Funds ($22,301) Neel-Schaffer, Inc. is a local, non-minority firm, has signed the "Business Inclusion & Development" documentation, and proposes to use the following sub-contractors. PROJECT CATEGORY: Architecture & Engineering LOCAL/NON-LOCAL CONTRACT SUMMARY Amount Percent Total local contracts $38, % Total non-local contracts $10, % TOTAL CONTRACT $49, % LOCAL/NON-LOCAL M/WBE PARTICIPATION Local Contractors / Sub-Contractors Local Certification Amount Percent A.N.A. Consultants, LLC WFDB44962Y0411 $5, % Total Minority - Local $5, % Non-Local Contractors / Sub-Contractors Non-local Certification Amount Percent Spooner & Associates, Inc. NMDB42706Y1010 $10, % Total Minority - Non-local $10, % TOTAL M/WBE CONTRACT PARTICIPATION Local Percent Local & Non-Local Percent African American $ % $ % Hispanic American $ % $ % Asian American $ % $ % Native American $ % $10, % WBE $5, % $5, % Total $5, % $16, %

15 MCKINNEY AVENUE DRAINAGE RELIEF [MAPSCO 45KJ

16 STARR STREET FROM NINTH STREET TO EIGHT STREET..;. 45 Oak Cliff Porlt (MAPSCO 540]

17 COUNCIL CHAMBER August 11, 2010 WHEREAS, Neel-Schaffer, Inc. was selected to provide the engineering design of Project Group Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: Section 1. That the City Manager is hereby authorized to enter into a professional services contract with Neel-Schaffer, Inc. for the design of Project Group , in an amount not to exceed $49, Section 2. That the City Manager is hereby authorized to execute the contract after it has been approved as to form by the City Attorney. Section 3. That the City Controller is hereby authorized to disburse funds in accordance with the terms and conditions of the contract from: FY Community Development Block Grant Reprogramming Funds Fund 08R3, Dept. PBW, Unit 376A, Act. SIDI Obj. 4111, Program #PBCDSW02, CT PBW06U271K3-02 Vendor #VS , in an amount not to exceed $27, Stormwater Drainage Management Fund Fund 0592, Dept. PBW, Unit P625, Act. SDRS Obj. 4111, Program #PBSWM003, CT PBW06U271K3-03 Vendor #VS , in an amount not to exceed $22, Total in an amount not to exceed $49, Section 4. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas and it is accordingly so resolved. Distribution: Public Works and Transportation, Tami Wilson, OCMC, Room 101 Public Works and Transportation, Pauline Kelly, OCMC, Room 307

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19 KEY FOCUS AREA: Economic Vibrancy ADDENDUM ITEM # 2 AGENDA DATE: August 11, 2010 COUNCIL DISTRICT(S): 5 DEPARTMENT: Trinity Watershed Management CMO: Jill A. Jordan, P.E., MAPSCO: SUBJECT 57 Z Authorize the deposit of a Special Commissioners Award in the lawsuit styled, City of Dallas v. James Robert McDaniel, Cause No E, for acquisition from James Robert McDaniel of approximately 49,047 square feet of land located near the intersection of Long Acre Lane and Loop 12 for the Trinity River Corridor Project Audubon Center - Not to exceed $309,217 ($305,217 plus closing costs not to exceed $4,000) - Financing: 1998 Bond Funds BACKGROUND This item authorizes deposit of a Special Commissioners Award for the acquisition of approximately 49,047 square feet of land. The property is improved with a multi-tenant commercial service yard. The original offer of $170,000 was based on an independent appraisal. The offer was not accepted by the owner and an eminent domain case was filed to acquire the land. The Special Commissioners awarded $305,217. The City has no control over Special Commissioners appointed by the county court at law judges or any award that is subsequently rendered by the Special Commissioners. The City, in order to acquire possession and proceed with its improvements, must deposit the Commissioners Award in the Registry of the Court. PRIOR ACTION / REVIEW (COUNCIL, BOARDS, COMMISSIONS) Authorized acquisition on September 10, 2008 by Resolution No FISCAL INFORMATION 1998 Bond Funds - $309,217 ($305,217 plus closing costs not to exceed $4,000)

20 OWNER James Robert McDaniel MAPS Attached Agenda Date 08/11/ page 2

21 F tnjayc / 61 z C Mep.co, Inc. ~ GODFREY < 62 0 z Q) JEANE 61 ~ 57Q Z '" 0 ~ UCY w ~ ~ ~ ~ 'C Irl '-- 57U Y 57Z 67C 670 copytlght MAPSCO. lnc. MAPSCO 57Z ~..M. i O.51..Mi Scale 1 :

22 N 10., 1lIO ;!, STATE HIGHWAY LOOP ,~-----~~~ Longacre Lane. (20' Right-of-Way) ~ ~.. : : 6~6il( a-- ~ Area To Be Acquired!.,\Dumpfire\Gatlin&McDaniel,dgn 5/25/20104:52:11 PM

23 COUNCIL CHAMBER August 11, 2010 A RESOLUTION AUTHORIZING THE DEPOSIT OF THE COMMISSIONERS' AWARD DEFINITIONS: For the purposes of this resolution, the following definitions of terms shall apply: CONDEMNATION SUIT: Cause No E in County Court at Law No. 5, and styled City of Dallas v. James Robert McDaniel filed pursuant to City Council Resolution No PROPERTY: Fee simple containing approximately 49,047 square feet of land situated in City Block 6263 in the City of Dallas, Dallas County, Texas, as described in Exhibit A, attached hereto and made a part hereof for all purposes PROJECT: Trinity River Corridor Project - Audubon Center OFFICIAL OFFER: $170,000 AWARD: $305,217 CLOSING COSTS: Not to exceed $4,000 DESIGNATED FUNDS: $309,217 from Trinity River Corridor Project Fund No. 5P14, Department PBW, Unit N966, Object 4210, Activity TRPP, Program No. PB98N966, Encumbrance No. CT-PBW98N966K4 WHEREAS, the OFFICIAL OFFER having been made and refused, the City Attorney instituted a condemnation suit for the acquisition of the PROPERTY for the PROJECT; and WHEREAS, the Special Commissioners appointed by the Court in the CONDEMNATION SUIT made an AWARD which the City Council wishes to deposit with the County Clerk of Dallas County, Texas, so that the City may take possession of the PROPERTY; and the City will pay any title expenses and closing costs; and

24 COUNCIL CHAMBER August 11,2010 Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the City Controller is hereby authorized and directed to issue a check, paid out of and charged to the DESIGNATED FUNDS, in the amount of the AWARD payable to the County Clerk of Dallas County, Texas, to be deposited by the City Attorney with the County Clerk. SECTION 2. That the City Controller is hereby authorized and directed to issue a check, paid out of and charged to the DESIGNATED FUNDS, in the amount of the CLOSING COSTS payable to the title company. SECTION 3. That this Resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved. APPROVED AS TO FORM Thomas P. Perkins, Jr. City Attorney

25 Exhibit A FIELD NOTES D'ESCRIBING Acres (49,047 Sq. Ft.) OF LAND IN BLOCK 6263, TO BE ACQUIRED FROM JAMES ROBERT McDANIEL BEING a Acre (49,047 Sq. Ft.) tract of land in the George Markham Survey, Abstract Number 980, Dallas County, Texas, lying in Block 6263, Official City of Dallas Numbers, and being all of the land conveyed to James Robert McDaniel from Edith Eleneta Copeland, by Warranty Deed with Vendor's Lien dated October 30, 1968 and recorded in Volume 68217, Page 1480 of the Deed Records of Dallas County, and being more particularly described as follows: COMMENCING at a wooden Railroad Tie fence comer with a PK nail set in the top, found in the South line of Carter Road (a variable-width Right-of-Way) at the Northwest comer of a tract of land conveyed to LaPoleon Denson, Jr., by deed dated April 14, 1995, recorded in Volume 95077, Page of the Dallas County Deed Records, same being the most Easterly Northeast comer of a tract of land conveyed to North Benson, Inc., by deed dated April 4, 2003 and recorded in Volume , Page of said deed records: THENCE North 89 34'18" West, along the North line of said North Benson, Inc. tract, same being the South line of said Carter Road, a distance of feet to an "X" cut in a concrete sign base at the most Westerly Northwest comer of said North Benson, Inc. tract, being also the Northeast comer of said James Robert McDaniel tract and the POINT OF BEGINNING: THENCE South 00 28'36" East departing the last said South line of Carter Road, with the West line of said North Benson, Inc. tract a distance of feet to a 5/8 inch dia. steel rod with cap marked "CITY OF DALLAS" set at the Southeast comer of this tract: THENCE South 89 56'36" West a distance of feet to a 5/8 inch dia. steel rod with cap marked "CITY OF DALLAS" set at the common South corner of this tract with a tract of land conveyed to Lanny and Steve Gatlin, by Deed dated February 3, 1988 and recorded in Volume 88027, Page 4256 of the Dallas County Deed Records: THENCE North 00 31'03" West with the common line between said McDaniel and Gatlin tracts at distance of feet to a 5/8 inch dia. steel rod with cap marked "CITY OF DALLAS" set at the common North corner of said McDaniel and Gatlin tracts, in the South line of the above said Carter Road: THENCE South 89 34'18" East with the said South line of Carter Road a distance of feet to the POINT OF BEGINNING, containing acres (49,047 Sq. Ft.) of land. Page 1 of3

26 FIELD NOTES DESCRIBING Acres (49,047 Sq. Ft.) OF LAND IN BLOCK 6263, TO BE ACQUIRED FROM JAMES ROBERT McDANIEL BASIS OF BEARINGS is the Texas State Plane, North Central Zone, Geodetic bearing as established by Global Positioning System observations taken from the U.S.C. & G.S. Triangulation Station "BUCKNER RESET," North American Datum of Page 2 of3

27 -LONGACRE LANE" Vol. 80. Pg. 1m An Eaaamant For S~ Pu~... to The CIty Of Dall.. ~ (A Variable Width RIght-of-Way). - _. -IA~~:M~. - _. H.TRACT,-!NL- _.,. _ ----~-,~~~ n" Cl ', S 89"34'78" E ~ IIii POI OF. d n C I III - J.,. BEGINNING Rallroa Ie ence orner Iii with P-K Nail Set in Top. ~~_ I 21 =-1 : : Record Monument Found I ~. II 1ST! ~ ~! for all Adjoining Properties I ~SO?,?,'O" r - III fo.t!l= ~,~ J I~ ~~ Vc)- I, 20 I~; =~~: i~ ~w:: t! - I~ ~t.o~11. Ir - _1 2 I-CA.&n a: 0 Vol Pg $! ~ ""'~0'- I I~ ~ ~~~j ~ ~2! i! (5~~:'r~:,) 'tl~ r - I~. :i~ ~ i...at: I NORTlt BENSON. INC. alk to 'AVO" fb~ II 19 lrill >t?:0"":' ~ ~Iu I I~ II 21== Col..c:a:. _ I L _ I~ S(I)ci:! f3~~! I I >~ '. ~ ::: i I IL II......, : ' I - II i ~~s~e-----~ IL_ 1I ~ga46~.or--i II Irm.52' : N OO"211'3/r W S 01"19'42'" E I J 4~447'f: -"-01/'" J: I. --~~ v--_=-;kj..k.~iu:i~ I"-- I THACf NO.3 II I ~ TRlGOER GAP. INC. I ~...,... lioo.. (I I :s I.J:: ~ Vol.~~4118 I~_ ~ p ~ o ~ I.-u. 'I I~ I ~ :1 1\ M~'''' I I I :I...\HOlnOumpfire\Boundaries.dgn 9/29/20059:05:10 AM ;'.1 Area To Be AcqUired..- ~ S. Halt PMl'f a.. S. Holt _FU_..~...-- CAI.CUlAllllNI. AlUlER I~_ D.epwood 1.IndlI1I1481D-389-Q-A

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29 KEY FOCUS AREA: ADDENDUM ITEM # 3 Public Safety Improvements and Crime Reduction AGENDA DATE: August 11, 2010 COUNCIL DISTRICT(S): DEPARTMENT: CMO: All Mayor and City Council N/A MAPSCO: SUBJECT N/A An ordinance amending Chapter 31 of the Dallas City Code to: (1) prohibit the use, possession, or sale of synthetic cannabinoids and salvia divinorum in the City; (2) prohibit the use or possession of paraphernalia used or intended to be used to introduce synthetic cannabinoids or salvia divinorum into the human body; (3) provide defenses; and (4) provide a penalty of up to $2,000 - Financing: No cost consideration to the City BACKGROUND The proposed ordinance would add Section to the Dallas City Code to ban the use, possession, or sale of illegal smoking products, which are defined to include: (1) salvia divinorum (a psychoactive plant), and (2) several chemical compounds that are synthetic cannabinoids and that, when combined with plant material, create products commonly known as K-2, Spice, Yucatan Fire, and other names. Salvia divinorum and synthetic cannabinoids have been declared substances of concern in various countries, states, and cities and by the federal Drug Enforcement Administration because these products produce the same hallucinogenic effects of marijuana and cause many adverse side effects. These products are not currently illegal under state or federal laws and are available for purchase at many locations in the City of Dallas. The ordinance would also ban the use or possession of paraphernalia used or intended to be used to introduce synthetic cannabinoids or salvia divinorum into the human body. Defenses would be provided for law enforcement activities; governmental health, research, and education programs; lawfully operating medical, education, and research institutes; medical prescriptions; and bona fide religious ceremonies. The maximum fine for a violation of the ordinance would be $2,000. Many states and cities have already taken action to ban or restrict the use, possession, and sale of synthetic cannabinoids and salvia divinorum because of the danger these products pose to the public health, safety, and welfare.

30 PRIOR ACTION/REVIEW (Council, Boards, Commissions) On August 2, 2010, the City Council Public Safety Committee was briefed on the proposed ordinance. FISCAL INFORMATION No cost consideration to the City. Agenda Date 08/11/ page 2

31 8/3/10 ORDINANCE NO. An ordinance adding Section to CHAPTER 31, OFFENSES - MISCELLANEOUS, of the Dallas City Code, as amended; defining terms; prohibiting the use, possession, or sale of synthetic cannabinoids and salvia divinorum in the city; prohibiting the use or possession of paraphernalia used or intended to be used to introduce synthetic cannabinoids or salvia divinorum into the human body; providing defenses; providing a penalty not to exceed $2,000; providing a saving clause; providing a severability clause; and providing an effective date. WHEREAS, the city council has determined that businesses within the city are selling to the general public products containing synthetic cannabinoids, salvia divinorum, or related chemicals that when ingested produce intoxicating effects similar to marijuana; and WHEREAS, these products are being sold, distributed, and marketed in the form of incense or herbal smoking blends under names such as K-2, K-2 SUMMIT, K-2 SEX, GENIE, SPICE, DASCENTS, ZOHAI, SAGE, PEP SPICE, SOLAR FLARE, K O KNOCK-OUT 2, SPICE GOLD, SPICE DIAMOND, SPICE CANNABINOID, YUCATAN FIRE, FIRE N ICE, and SALVIA DIVINORUM ; and WHEREAS, multiple international countries, the United States military services, the federal Drug Enforcement Administration, and various states and cities across the nation have acknowledged the increased use of these products and recognized the risk such products pose to the public health, safety, and welfare; and 1

32 WHEREAS, the city council finds that use of these products is a danger to the public health, safety, and welfare because the adverse side effects from the use of synthetic cannabinoids, salvia divinorum, or related chemicals include panic attacks, vomiting, tachycardia, elevated blood pressure, pallor, numbness and tingling, and in some cases, tremors and seizures; and WHEREAS, the federal government and the State of Texas have not yet designated synthetic cannabinoids, salvia divinorum, or related chemicals as controlled substances; and WHEREAS, the city council believes that, in order to promote the public health, safety, and welfare of the citizens of this city, products containing synthetic cannabinoids, salvia divinorum, or related chemicals and paraphernalia should be prohibited in the city of Dallas; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That Article I, General, of CHAPTER 31, OFFENSES - MISCELLANEOUS, of the Dallas City Code, as amended, is amended by adding Section , Illegal Smoking Products and Related Paraphernalia Prohibited, to read as follows: SEC ILLEGAL SMOKING PRODUCTS AND RELATED PARAPHERNALIA PROHIBITED. (a) In this section: (1) ILLEGAL SMOKING PARAPHERNALIA means any equipment, device, or utensil that is used or intended to be used in ingesting, inhaling, or otherwise introducing into the human body an illegal smoking product, which paraphernalia includes but is not limited to: (A) a metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe with or without a screen, permanent screen, hashish head, or punctured metal bowl; (B) (C) a water pipe; a carburetion tube or device; 2

33 (D) (E) (F) (G) (H) (I) (J) (K) a smoking or carburetion mask; a chamber pipe; a carburetor pipe; an electric pipe; an air-driven pipe; a chillum; a bong; or an ice pipe or chiller. (2) ILLEGAL SMOKING PRODUCT means any substance, however labeled and regardless of whether the substance is marketed for the purpose of being smoked, which includes any one or more of the following chemicals: (A) Salvia divinorum, including: (i) (ii) (iii) all parts of the plant, whether growing or not; the seeds of the plant; any extract from any part of the plant; and (iv) any compound, salt, derivative, mixture, or preparation of the plant, its seeds, or its extracts, including Salvinorin A; (B) 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol (also known as CP47, 497) and homologues; (C) [(6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a, 7,10,10a-tetrahydrobenzo[c]chromen-1-ol] (also known as HU-211 or Dexanabinol); (D) (E) (F) 1-pentyl-3-(1-napthoyl)indole (also known as JWH-018); 1-butyl-3-(1-napthoyl)indole (also known as JWH-073); or 1-pentyl-3-(4-methoxynaphtholy)indole (also known as JWH-081). 3

34 product; (b) A person commits an offense if, in the city, he: (1) possesses, buys, sells, offers for sale, delivers, or transfers any illegal smoking (2) causes any illegal smoking product to be sold, delivered, or transferred to another person; product; or (3) uses, inhales, ingests, or otherwise introduces into his body any illegal smoking (4) uses or possesses with the intent to use any illegal smoking paraphernalia to inhale, ingest, or otherwise introduce into his body any illegal smoking product. (c) It is a defense to prosecution under this section that an illegal smoking product or illegal smoking paraphernalia was: (1) in the possession of a peace officer, or a person acting under the authority of a peace officer, acting in the performance of official duties; (2) in the possession of or being used by a governmental entity for a health, research, education, or similar program; (3) in the possession of or being used by a medical, educational, or research institute operating in compliance with all applicable city ordinances and state and federal laws; (4) possessed or used by a person under a prescription issued by a licensed physician or dentist authorized to prescribe controlled substances in the State of Texas; or (5) possessed or used by a person as part of a bona fide religious ritual or ceremony. (d) A person violating a provision of this section is, upon conviction, punishable by a fine not to exceed $2,000. A person commits a separate offense for each day or part of a day during which a violation is committed, continued, or permitted. (e) The culpable mental state required for the commission of an offense under this section is governed by Section of this code. SECTION 2. That CHAPTER 31 of the Dallas City Code, as amended, will remain in full force and effect, save and except as amended by this ordinance. SECTION 3. That the terms and provisions of this ordinance are severable and are governed by Section 1-4 of CHAPTER 1 of the Dallas City Code, as amended. 4

35 ordained. SECTION 4. That this ordinance will take effect on August 15, 2010, and it is accordingly so APPROVED AS TO FORM: THOMAS P. PERKINS, JR., City Attorney By Assistant City Attorney Passed RM/DCC/

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37 KEY FOCUS AREA: REVISED AGENDA ITEM # 40 Make Government More Efficient, Effective and Economical AGENDA DATE: August 11, 2010 COUNCIL DISTRICT(S): DEPARTMENT: All Sanitation Services CMO: Ryan S. Evans, MAPSCO: SUBJECT N/A An ordinance amending Chapter 18 of the Dallas City Code to: (1) eliminate the cap on the maximum annual tonnage of solid waste for landfill disposal contracts; and (2) adjust the maximum discount for the five-year contract from seventeen percent to twenty-six percent - Financing: No cost consideration to the City BACKGROUND In September 2007, Council approved Ordinance No allowing the Director of Sanitation Services to enter into disposal service contracts with solid waste haulers. Disposal contracts benefit the City by providing a known revenue stream to the landfill through a guaranteed volume (tonnage) of waste over a specified term. Contracts may be entered up to five years with a guaranteed volume of up to 250,000 tons annually. Waste haulers receive a discount from the landfill gate rate in consideration for the guaranteed volume, which discount percentage is established in Chapter 18 of the Dallas City Code. The ordinance currently specifies that the maximum annual volume allowed under any disposal contract is 250,000 tons per contract and that the maximum discount for a five-year term is seventeen percent. The proposed changes to the ordinance eliminates the volume cap and increases the highest tier of discount to twenty-six percent. These two changes are designed to attract additional waste volume to the city landfill and to further stabilize the revenue stream. The proposed changes will have no effect on existing disposal contracts. Each proposed future contract will continue to be evaluated by the Director of Sanitation Services to ensure ample landfill capacity for the residential customers and existing contracted haulers. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On September 26, 2007, the City amended Chapter 18 of the Dallas City Code by Ordinance No to provide for disposal service contracts with solid waste collection services that dispose of a guaranteed annual tonnage of solid waste at the City landfill for a discounted fee.

38 FISCAL INFORMATION No cost consideration to the City. Agenda Date 08/11/ page 2

39 .DRAFT 8/2/2010 ORDmANCENO. An ordinance amending Section of CHAPTER 18, "MUNICIPAL SOLID WASTES," of the Dallas City Code, as amended; eliminating the cap on the maximum annual tonnage ofsolid waste that may be disposed ofat the city 's landfill and that is eligible for a discounted rate under a disposal service contract; increasing the discount for a five-year disposal service contract from 17 percent to 26 percent when the maximum annual tonnage of solid waste disposed of at the city's landfill is over 200,000; providing a penalty not to exceed $2,000; providing a saving clause; providing a severability clause ; and providing an effective date. BE IT ORDAmED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION I. That Subsection (c)(2) of Section 18-11, "Specifying Charges for Disposal of Solid Waste Materials," of Article I, "Collection and Disposal," of CHAPTER 18, "MUNICIPAL SOLID WASTES, " of the Dallas City Code, as amended, is amended to read as follows: "(2) The disposal service contract must provide for a guaranteed annual tonnage of solid waste of [;] not less than 10,000 tons [ard Rot!'Hore thar 250,000 tors,] to be disposed of at the landfill. The contractor shall not exceed the contracted guaranteed annual tonnage by more than five percent; this will be the contractor's maximum annual tonnage limit. Notwithstanding Subsection (b)(3) of this section, if the landfill weighing system is inoperable during a delivery of solid waste under the contract, the tonnage will be estimated by the city on the basis of the full capacity of the vehicle delivering the solid waste. Tonnage weighed or estimated in fractions will be rounded offto the nearest whole ton." SECTION 2. That Subsection (c)(5) of Section 18-11, "Specifying Charges for Disposal of Solid Waste Materials," of Article I, "Collection and Disposal," of CHAPTER 18, "MUNICIPAL SOLID WASTES," of the Dallas City Code, as amended, is amended to read as follows:

40 .DRAFT "(5) In consideration of the agreement of a solid waste collection service to guarantee the disposal of an annual tonnage of solid waste at the landfill pursuant to a disposal service contract, the director of sanitation may provide a discount from the disposal service charge required under Subsection (c)(4) ofthis section in accordance with the following table: Disposal Service Contract Discount Rate INCREMENTS OF SOLID DISCOUNT RECEIVED FOR EACH WASTE DISPOSED OF AT THE INCREMENT BASED ON THE CONTRACT LANDFILL DURING A TERM (in percentages) CONTRACT YEAR (in tons) From To lor2year 3 or4 Year 5 Year Contract Term Contract Term Contract Term 0 10,000 0% 0% 0% 10,001 50,000 0% 1.5% 3.0% 50, , % 3.0% 6.5% 100, , % 4.5% 9.0% 150, , % 6.0% 12.0% 200,001 No maximum 4.0% 8.0% 26.0% r250,000' [ 17.0%1" SECTION 3. That a person violating a provision of this ordinance, upon conviction, is punishable by a fine not to exceed $2,000. SECTION 4. That CHAPTER 18 of the Dallas City Code, as amended, will remain in full force and effect, save and except as amended by this ordinance. SECTION 5. That the terms and provisions of this ordinance are severable and are governed by Section 1-4 ofchapter 1 ofthe Dallas City Code, as amended. SECTION 6. That this ordinance will take effect immediately from and after its passage and publication in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so ordained. APPROVED AS TO FORM: THOMAS P. PERKINS, JR., City Attorney By Assistant City Attorney _ Passed _ LC/DCCI00484A 2