NO.

12-14270
CITY OF DALLAS
Plaintiff,
v.
DAVID JASSO
and
ZOILA SERNADE JASSO
Defendants.









IN THE 44
TH
JUDICIAL
DISTRICT COURT OF
DALLAS COUNTY, TEXAS
DEFENDANTS' FOURTH AMENDED COUNTERCLAIM
NOW COMES Defendants, David Jasso and Zoila Sernade Jasso, named Defendants in the above-
entitled and numbered cause, and files this Fourth Amended Counterclaim and shows the COUlt:
COUNTERCLAIMS
1. The City of Dallas acquired Defendants' leased premises during the pendency of their
lease from the Defendants' prior private landlord. The City was aware that Defendants were operating a
farm and slaughter operation, through their dealings with the City and in response to a Complaint where
Plaintifffound no violation based on the Defendants' valid and permitted use. The City Investigator
even attached a copy of the permit to justify his finding that no violation had occurred. See Exhibit "A".
The City then drafted and signed a lease, by and through Rebecca Rasor. See Exhibit "B". The use
clause in the Lease states, " ... [the] commercial use of buildings existing on propelty depicted on the
attached Exhibit A" and, 16 months earlier, Plaintiff and Defendants all shared the understanding that the
permitted commercial use was as a Slaughter facility.
Defendants would show that the livestock and slaughter services were, and continue to be, an
important cultural aspect of their Hispanic culture and the culture oftheir customers. In addition,
Defendant would show that the Muslim community utilizes the facility to satisfy the ritualistic slaughter
requirements of their religion. Plaintiff was well aware ofthis when the lease was signed.
Defendants' Fourth Counterclaim - Page I of 10
1
FILED
DALLAS COUNTY
3/3/2014 3:17:40 PM
GARY FITZSIMMONS
DISTRICT CLERK
However, sometime after the lease was signed, Plaintiff began requesting that Defendants allow
Plaintiff and its bondholders access to the property for the purposes of examining the area in relation to
the "Horse Park." During those tours and subsequent thereto, the City employees and bondholders are
heard and seen making derogatory remarks and disgusted gestures related to the Defendants operation of
the facility, the customers, and the property's use. Complaints followed and City inspection rose to a
harassing level. Then, on April 24, 2012, the City then implemented a plan to wrongfully terminate the
lease. See the attached Exhibit "C", being correspondence from April 24, 2012 through June 04, 2013
related to the City's wrongful attempts to immediately terminate the lease based on wrongful and
discriminatory accusations that Defendants were operating an "illegal" slaughter operation.
During the pendency of this conduct, the City of Dallas, on May 15, 2012, by and through its
employee, Regina Barber, invited Defendants to apply for Relocation Assistance as a Displaced
Business, under the Uniform Relocation Assistance and Real Propelty Acquisition Policies Act of 1970,
as amended (URA); all related to Defendants operating their farm and slaughter operation on land they
had leased from the City of Dallas. See Exhibit "C". Ms. Barber continued to work with Defendants and
Defendants continued to rely on Ms. Barber planning how Defendants' business was to be relocated to an
area in Dallas County. Based on these discussions, Defendants were entitled to approximately
$89,000.00 in benefits. Quite suddenly, Plaintiff notified Defendants, on or about May 24,2013, that
they were no longer eligible for the benefits and Defendants sent a letter on May 29, 2013 objecting to
the denial. On May 31, 2013 Plaintiff sent a letter giving Notice of its objections to the City's conduct
and that it may be liable under the Texas Tort Claims act and for violations of 42 U.S.C 1981, 1982, and
1983. This letter is acknowledges as being received by James McGuire on June 4,2013, who appears to
give justification that the slaughter operation was "illegal" and therefore disqualified the operation from
receiving benefits.
Defendants' Fourth Counterclaim - Page 2 of 10
2
This position is contrary to the position the City took when it terminated the lease based on the
fact that the property was used for slaughter but still stated "your business is being displaced in
connection with this federally funded project" and "you will be eligible for relocation assistance and
payments under [URA]"; an offer that Defendants relied on to their financial detriment.
Plaintiff's conduct constitutes a tOit associated with the City's "Proprietary Function" of leasing
property and providing relocation benefits to its prior tenant. It is well settled, and the Texas Supreme
Court has stated, "Contracts made by municipal corporations in their proprietary capacity have been held
to be governed by the same rules as contracts between individuals." Gates v. City of Dallas, 704 S.W.2d
737, 738-39,29 Tex. Sup. Ct. J. 200 (Tex. 1986). The Supreme Court has also stated that a city that
contracts in its proprietary role is "clothed with the same authority and subject to the same liabilities as a
private citizen." Id. Likewise, in Berkman v. City of Keene, 2009 Tex. App. LEXIS 5494 (Tex. App.
Waco July 152009), the City entered into an agreement with the landowner's predecessors, and the City's
promise was a covenant. In Oldfield v. City of Houston, 15 S.W.3d 219, 2000 Tex. App. LEXIS 1579
(Tex. App. Houston 14th Dist. 2000), the City's enforcement of celtain restrictions was also a proprietary
function. By purchasing the propelty while encumbered by a lease and then entering into the lease in the
manner described above, Plaintiff waived any immunity under law.
2 Pursuant to Rule 47 of the Texas Rules of Civil Procedure, Defendants' damages, save
and except post-judgment interests, are between $100,000.00 and $500,000.00. Based on the foregoing,
Defendants request the following:
DECLARA TORY .TUDGMENT
3. Defendants request that the Court, pursuant to the 37.004 of the TCPRC, render
judgment that the operation of the business, in whole or patt, does not constitute an "illegal" activity
under the lease with the City. As shown by Exhibit "C", the subsequent correspondence of the Plaintiff
Defendants' Fourth Counterclaim - Page 3 of 1 0
3
denies benefits based on the statement that Defendants operated an "illegal" slaughter operation.
Nothing could be farther from the truth given the "use" language in the lease and the knowledge of the
Plaintiff when the lease was drafted. This Declaratory relief is sought on the basis that if eligibility is
triggered by the "lawful" nature of the activity, then because Plaintiff has unilaterally failed to afford
Defendants their "due process" rights related to the fact finding under the benefit eligibility process, then
Texas law allows such Declaratory relief in relation to a City that enters into a Contract and waive
immunity; as described above. In addition, under the doctrine of law in Texas regarding "contra
proferentem" immunity is further waived since the City was the drafting party and any ambiguity
regarding the lease is strictly construed against Plaintiff. Essentially, because the Plaintiff leased the
property and drafted the lease, it engaged in proprietary actions for which immunity does not attach.
Then to exacerbate the problem, the Plaintiff now conducts "due process" hearings regarding the
payment of related relocation benefits in a manner that ignores these factors and makes conclusions that
are financially self-serving. Therefore, the impaJiial nature of the Declaratory Judgment process
regarding the "illegality" of the slaughter operation is uniquely appropriate.
BREACH OF LEASE
4. Defendants request that the Plaintiff be found liable for Breach of Lease. Common law
in Texas regarding "Contra proferentem". The Latin principle, "against [the] offeror", is well settled and
Texas law subjects contracts to "interpretation against the draftsman" meaning that when an agreement or
term is ambiguous, the preferred meaning should be the one that works against the interests ofthe party
who provided the wording. Republic Nat. Bank of Dallas v. Northwest Nat. Bank of Fort WOIih, 578
S.W.2d 109, lIS (Tex. 1978) ("In Texas a writing is generally construed most strictly against its author
and in such a manner as to reach a reasonable result consistent with the apparent intent of the paJiies.");
see also Austin Co. v. Vaughn Bldg. Corp., 643 S.W.2d 113, 115 (Tex. 1982) (quoting Republic and the
Defendants' Fourth Counterclaim - Page 4 of 10
4
Restatement (Second) of CONTRACTS 206.)
The Plaintiffs reason for failing to honor the lease was based on its own subjective, self-serving
allegation that Defendants' activity was "illegal." Plaintiff unjustly profits from this allegation because it
doesn't then it can remove Defendant from the property immediately, in violation of paragraphs 2 and 7
of the lease and also deny the relocation payments. Based on the facts above, the draftsmanship of the
lease and the concurrent and contemporaneous offers to provide the relocation benefits, Defendants are
now injured by Plaintiffs action because they relied on such promises. Defendants can sho\v that
Plaintiff has breached the lease, that Texas law requires that any ambiguity be found to favor Defendants
in the Court interpreting the lease. Defendants are requesting that the Court order Plaintiff to pay the
damages as a result of the improper termination of the lease, the improper removal of them from the
propelty and Plaintiffs failure to provide the relocation benefits previously offered and pattiaUy
performed.
COMMON LAW FRAUD
5. Defendants further show that Plaintiff made material false representations to Defendant
with the knowledge of their falsity or with reckless disregard of the truth with the intention that such
representations be acted upon by Defendants, and that Defendants relied on these representations to their
detriment.
6. Defendants would fUlther show that Plaintiff concealed or failed to disclose material
facts about the propelty that was within Plaintiff s knowledge, that Plaintiff knew that Defendants did not
have knowledge of the same and did not have equal opportunity to discover the truth, and that Plaintiffs
intended to induce Defendants to enter into the transaction made the basis of this suit by such
concealment or failure to disclose. As stated above, the transaction as a whole was engaged in by the
Plaintiff in a manner where immunity is waived.
Defendants' Fourth Counterclaim - Page 5 of 10
5
7. As a proximate result of such fraud, Defendants sustained the damages described more
fully herein.
FRAUD IN A REAL ESTATE TRANSACTION
8. Defendants would further show that the false representations and/or promises of Plaintiff
constitute fraud in a real estate transaction as defined by Section 27.01 of the Texas Business and
Commerce Code. As stated above, the transaction as a whole was engaged in by the Plaintiff in a manner
where immunity is waived.
9. Defendants are therefore entitled to recover from Plaintiff actual damages described
more fully herein, reasonable and necessary attorney's fees, expert witness fees, costs for copies of
depositions, and costs of cOUli as provided by Section 27.01 of the Texas Business and Commerce Code.
NEGLIGENT MISREPRESENTATION
10. Defendants would show that Plaintiff supplied false information in the course of said
Defendants' business, profession or in the course of a transaction in which Plaintiff had a pecuniary
interest, and that such information was supplied by Plaintiff for the guidance of Defendants in the
transactions described hereinabove. Plaintiff failed to exercise reasonable care or competence in
obtaining or communicating such information. Defendants have suffered pecuniary loss, described more
fully herein, which was directly and proximately caused by Defendants' justifiable reliance on such
information. As stated above, the transaction as a whole was engaged in by the Plaintiff in a manner
where immunity is waived.
II. Therefore Defendants asseli a cause of action for negligent misrepresentation against
Plaintiffs, as provided by Federal Land Bank Association of Tvler v. Sloane, 825 S.W.2d 439 (Tex.
1991 ).
Defendants' Fourth Counterclaim - Page 6 of 10
6
NEGLIGENT HIRING, SUPERVISION, AND/OR MANAGEMENT
12. Defendants would show that Plaintiff owed a duty to Defendants, to exercise ordinary
care in the hiring of competent employees, and in the supervision and management of said employees.
13. Defendants would further show that Plaintiff failed to use ordinary care in these respects,
including but not limited to failing to properly investigate potential administrators for the Federal
Programs it administers, failing to properly supervise said Plaintiffs personnel, failing to implement
adequate safeguards to prevent the situation that resulted in Defendants' damages, and failing to provide
adequate oversight for such employees. These conditions created an environment in which
misrepresentations to pmiies, such as Defendants, were likely and reasonably foreseeable to occur, and
which in fact did occur in the course of the transactions involving Plaintiff and Defendants, described
hereinabove, which proximately caused the damages sustained by Defendants herein, and for which
Defendants now sue.
14. Based on Defendants' foregoing allegations and the Plaintiffs maintenance of its current
claim which, as ofthis date and according to Plaintiffs "Responses to Defendants Request for
Disclosure" is NOT supported by the opinion of an EXPERT WITNESS, Defendants would show that
Plaintiff is engaging in a complete and holistic course of action designed to discriminate against
Defendants based on their culture and status. Plaintiff has continued to take arbitrary, negative positions
with regard to Defendants and, in addition, attempted to wrongfully profit from the allegation of "illegal
activity" by filing a claim with Defendants' private insurance company based on false pretenses, libel and
slanderous statements. Plaintiff has then initiated this suit against Defendants, again based on similar
false pretense, libel and slanderous statements, and appears to attempt to use these same false claims as
justification for denying Defendants the administered Federal Housing and Urban Development benefits
they were promised, and on which Defendants detrimentally relied, to further gain wrongful pecuniary
Defendants' Fourth Counterclaim - Page 7 of 10
7
benefit.
15. To this extent, Plaintiff, by and through its agents and attorneys, has committed the
above alleged wrongful acts, torts, negligent misrepresentation, fraud and fraud in the inducement, and
statutory violations. The Texas Tort Claims Act requires that notice of a claim for damages must
"reasonably describe "(1) the damage or injury claimed, (2) the time and place of the incident, and (3) the
incident itself." Tex. Civ. Prac. & Rem. Code 101.10 I (a). The Notice letter and confirmation of
receipt are shown in Exhibit C; shown above.
16. In addition, Defendants have suffered, at the hands of Plaintiffs wrongful acts, to such a
degree that they constitute violations of 42 U .S.C 1981, 1982, and 1983.
Defendant would show that it has been discriminated against based on the Hispanic cultural and
Muslim religious nature of the Slaughter operation. The City, with pressure from its bondholders, have
chosen to apply discriminatory behavior and pressure to Defendants into leaving the propelty without
paying them their legal entitlement to URA benefits; all under the cloak of official capacity based on a
fraudulent accusation of Defendants use being illegal. Defendant would show that its claims are based
on their ethnic and national origin and the religious characteristics of their operation. Defendants can
prove that they are being subjected to intentional discrimination based on the fact that their slaughter
operation appeals to their Hispanic customers and the Muslim community and that they are not being
provided the same rights "as enjoyed by white citizens".
Defendants request that the Comt, pursuant to 42 U .S.C. 1988, grant relief for the protection of
the Defendants and their civil rights, and for their vindication at law or in equity, all in an amount that is
within or to the legal extent of this Court's jurisdiction.
ACTUAL DAMAGES
17. Defendants sustained the following actual damages as a result of the actions and/or
Defendants' Fourth Counterclaim - Page 8 of 10
8
omissions of Plaintiff described hereinabove:
(a) Out-of-pocket expenses,
(b) Cost of rep lacement.
(c) Loss of the "benefit of the bargain."
(d) Diminished or reduced market value.
(e) Remedial costs and/or costs of completion.
(f) Reasonable and necessary engineering or consulting fees.
EXEMPLARY DAMAGES
18 Defendants would further show that the acts and omissions of Plaintiff, complained of herein
were committed knowingly, willfully, intentionally, with actual awareness, and with the specific and
predetermined intention of enriching said Plaintiff at the expense of Defendants. In order to punish said
Plaintiff for such unconscionable overreaching and to deter such actions and/or omissions in the future,
Defendants also seek recovery for exemplary damages as provided by Section 41.003(a)(I) of the Texas Civil
Practice and Remedies Code and by Section 27.01 of the Texas Business and Commerce Code.
ATTORNEY'S FEES
19. In addition to the above, request is made for all costs and reasonable and necessary attorney's
fees incurred by or on behalf of Defendants herein, including all fees necessary in the event of an appeal of
this cause to the Court of Appeals and the Supreme Court of Texas, as the Court deems equitable andjust, as
provided by: (a) Section 27.0 I (e) of the Texas Business and Commerce Code; (b) Chapter 37 of the Texas
Civil Practice and Remedies Code; (c) 42 U .S.C. 1988, and (d) common law.
PRAYER
Defendants pray the COUli, after notice and hearing or trial, enters judgment in favor of Defendants
for the actual damages requested hereinabove in an amount in excess of the minimum jurisdictional limits of
Defendants' Fourth Counterclaim - Page 9 of 10
9
the COUlt, together with prejudgment and post judgment interest at the maximum rate allowed by law,
exemplary damages provided by law, attorney's fees, costs of court, and such other and fUlther relief to which
the Defendants' may be entitled at law or in equity, whether pled or unpled.
Respectfully submitted,
David L. Kane, P.C.
By: __ ......:
David L. Kaf\!"
Texas Bar No. 00790996
5301 Village Creek Drive, Suite D
Plano, Texas 75093
Tel. (972) 665-0055
Fax. (972) 665-0100
david@davidkanepc.com
Attorney for Defendants
David Jasso and Zoila Sernade Jasso
CERTIFICATE OF SERVICE
I certify that on March 3, 2014 a true and correct copy of the above pleading was served by facsimile
transmission on Melissa Miles.
Defendants' Fourth Counterclaim - Page 10 of 10
10
i ; r" 1111 r/ ,J. ,
NOTICE OF VIOLAJION
ENVIRONMENTAL & HEALTH SERVICES
7901 GOFORTH ROAD
DALLAS, TEXAS 75238 "
(Date) ,
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City of Dallas
, am/pm
(Time) ,
Name of Establishment: __ CC:#_--'-.:..-_______ -,.-
Owner/Occupant: ____ -'-:--""--'--_.:..--__ -,--'-'-_.:..----:-___ --::-.:..--____ -:-___ --:.. ___ _
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Address: .;...' ..L 1.:t.;<>:"L.fn2:L,' /, L.:.( ... c.Q_2..( _ __,_--------..:...-,-__,_-_:_
VIOLATION # --'-________ .:...-_____ ,------'_ SECTION #.....:-_______ ---' __
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You are requested to conform to City Ordinance by correcting the above-described condition
not ,later than _--'--'-:-_---,_---' ___ ---'_
FAILURETO COMPLY WITH THIS ORDER MAY RESULT IN SUSPENSION OF PERMIT
OR IMPOSING OF A' FINE OR BOTH
AN APPEAL OF THIS NOTICE MAYBE MADE THROUGH THE DEPARTMENT OF ENVIRONMENTAL & HEALTH SERVICES,
)( 41A..v, G-<R Ito -DW-L"'"
Title
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TELEPHONE
CALL BETWEEN 8:00 & 9:00 A.M. IF YOU WISH TO CONTACT THE ABOVE INSPECTOR
EH5-03985 REV 02'()1
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Please contact the Meat Safety Assurance Unit at (512) 834-6760 immediately if any information on this
grant is incorrect.
ProgressoFarms
811 Pemberton Hill Road
DALLAS, TX75217
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'" ' DALLAS,TX 75217, ' .
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12
, .
LEASE AGREEMENT
THE STATE OF TEXAS )
COUNTY OF DALLAS )
LOG NO. TRC202
WHEREAS, the City of Dallas has acquired the hereinafter described land and
improvements for the purpose of constructing public improvements thereon; and
WHEREAS, the City of Dallas can temporarily lease this property on a
basis;
NOW, THEREFORE, this Lease Agreement is this day made between the City of
Dallas, a Texas municipal corporation. hereinafter referred to as "City" and the hereinafter
defined Lessee.
1. a) DEFINITION OF TERMS USED IN THIS LEASE AGREEMENT:
Lessee:
rental amount:
Zoila Sernade de Jasso and David Jasso
$300.00 per monthly period
due date: 1
st
day of each month
inception date: July 1, 2010
possession date: July 31, 2008
use or purpose: Land and commercial use of buildings existing on property
depicted on the attached Exhibit A
b) ADDITIONAL LEASE AGREEMENT INFORMATION
rental fund: Fund 0001, Unit 1182, Department DEV, Revenue Source 8416
Lessee's Address: 818 Pemberton Hill Rd., Dallas, Texas, 75217
Lessee's Phone: (469) 831-0811
Social Security #:
Taxpayer I. D. #:
TW I TRC202
David Jasso
Drivers L.icense #:
Social Security #:
Taxpayer I. D. #:
13
2. That Lessee, in consideration of being permitted to occupy the hereinafter described
premises on a month-to-month tenancy, hereby agrees to pay to City the rental amount,
payable on or before the due date and said rental amount is to be deposited to the
appropriate rental fund. The obligation to pay the rental amount is an independent
covenant. The failure of Lessee to pay such amount upon demand shall, at City's option be
an event of default hereunder. The lease shall begin on the inception date.
In the event Lessee's check for the rental amount is dishonored, Lessee shall pay to
City a processing fee of $25.00 for each dishonored check.
3. Lessee further agrees to make all improvements and repairs and to undertake all
maintenance necessary to keep the leased premises safe and from deteriorating in value
or condition, at no expense to City, and that City shall be absolutely exempt from making
any improvements, repairs, or undertaking any maintenance to the leased premises or
other appurtenances during the period the leased premises are occupied by Lessee.
Lessee may take possession of the leased premises on the possession date, subject to
City's continued use of the premises for any public purpose.
4. That Lessee agrees that this lease and occupancy is on a month-to-month basis.
5. That the leased premises described below shall be used by Lessee for the above stated
use or purpose under the direction of the Director of Development Services of the City of
Dallas.
6. That use of the leased premises is granted subject to the following additional conditions,
terms and reservations:
8. It is agreed by Lessee that failure to pay the rental amount stipulated herein or the
violation of any other covenant herein contained shall forfeit the right to occupy the leased
premises, and City shall be entitled to immediate possession thereof without the necessity
of legal proceedings.
b. It is further understood and agreed that the leased premises are deemed suitable by
Lessee for the use or purpose contemplated to be made of the leased premises.
c. It is understood and agreed, and a condition hereof, that Lessee shall procure and
keep in full force and effect commercial general liability insurance coverage issued by an
insurance company authorized and approved by the State of Texas, acceptable to the City
and issued in the standard form approved by the State Board of Insurance. The policy
must name the City, its officers and employees as additional insureds protecting the City
against any and all claims for damages to persons or property as a result of or ariSing out
2 -
14
of the use, operation, and maintenance by Lessee of the leased premises and Lessee's
installations, improvements, landscaping, and equipment in connection therewith and
located therein. The commercial general liability coverage must provide combined single
limits of liability for bodily injury and property damage of not less than $1,000,000 for each
occurrence, $2,000,000 annual aggregate. The coverage must be on an occurrence"
basis and must include coverage for premises operations, independent contractors,
products/completed operations, personal injury, contractual liability, and medical payments.
This insurance shall also include coverage for fire Jegalliability in the amount of $250,000
and the hazards of underground, explosion, and collapse.
1. Each policy must include a cancellation provision in which the insurance company
is required to notify Lessee and the City in writing not fewer than 30 days before
canceling, failing to renew, or making a material change to the insurance policy.
2. Lessee shall carry said insurance at its expense and shall furnish the City a
certificate of insurance. In the event said insurance should terminate during the
lease term hereof, or lessee fails to furnish proof of insurance coverage in
accordance with the specifications as required by this section, the Director of
Development Services, or her designee, may terminate this Lease Agreement.
d. It is further agreed that Lessee shall not sublet or subrent the leased premises
hereinafter described unless the Director of Development Services gives permission in
writing, in advance, to so sublet or subrent.
e. As a condition hereof, Lessee agrees and is bound to defend, indemnify and hold the
City, its officers, agents and employees, harmless against any and all claims, lawsuits,
judgments, costs and expenses for personal injury (including death), property damage or
other harm for which recovery of damages is sought, suffered by any person or persons,
that may arise out of or be occasioned by the use, occupancy and maintenance of the
leased premises or Lessee's installations and improvements within the leased premises,
from any act or omission of any representative, agent, customer and/or employee of
Lessee, or by Lessee's breach of any of the terms or provisions of this Lease Agreement,
or by any negligent or strictly liable act or omiSSion of Lessee, its officers, agents,
employees or subcontractors in the use, occupancy and maintenance of the leased
premises or Lessee's installations and improvements within the leased premises; except
that the indemnity provided for in this paragraph shall not apply to any liability resulting
from the sole negligence or fault of the City, its officers, agents, employees or separate
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15
contractors, and in the event of joint and concurring negligence or fault of both the Lessee
and the City, responsibility and indemnity, if any, shall be apportioned comparatively in
accordance with the laws of the State of Texas, without, however, waiving any
governmental immunity available to the City under Texas law and without waiving any
defenses of the parties under Texas law. This obligation to indemnify and defend shall also
include any claim for damage that any utility or communication company, whether publicly
or privately owned, may sustain or receive by reason of Lessee's use of the leased
premises or Lessee's improvements and equipment located thereon. In addition to the
foregoing, Lessee covenants and agrees never to make a claim of any kind or character
whatsoever against the City for damage of any kind that it may suffer by reason of the
installation, construction, reconstruction, operation or maintenance of any public
improvement, utility or communication facility, whether presentfy in place or which may in
the future be constructed or installed, including but not limited to, any water or wastewater
mains or storm sewer facilities, regardless of whether such damage is due to flooding,
infiltration, backflow or seepage caused from the failure of any installation, natural causes,
City's negligence, or from any other cause whatsoever.
f. It is further agreed that City reserves and has the absolute right to terminate this
Lease Agreement at any time such termination becomes necessary; that the determination
by City of the necessity for such termination shall be final and binding; that City shall upon
such determination become immediately entitled to possession of the leased premises
without giving any notice and without the necessity of legal proceedings to obtain
posseSSion thereof; that any rentals paid in advance shall be returned to Lessee in
proportion to the unexpired rental period; and in any event upon termination or cancellation
by City or Lessee, Lessee shall remove any improvements and encroachments from the
leased premises at Lessee's expense. All work shall be done to the satisfaction of the
Director of Development Services, or her designee.
g. Lessee is prohibited from using the leased premises in any manner which violates
Federal, State or local laws, regulations, rules and orders, regardless of when they become
or became effective, including, without limitation, those relating to health, safety, noise,
environmental protection, waste disposal and water and air quality, and shall provide
satisfactory evidence of compliance upon the request of the City. Should any discharge,
leakage, spillage, emission or pollution of any type occur upon or from the leased premises
due to Lessee's use and occupancy thereof, Lessee, at its expense, shall be obligated to
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16
clean up the leased premises to the satisfaction of the City and any other governmental
body having jurisdiction thereover. The City may, at its option, clean the leased premises. If
the City elects to do so, Lessee shall promptly pay to the City the reasonable cost of such
cleanup upon receipt of bills therefor. Lessee agrees that the indemnity provisions
contained in paragraph 6. e. herein shall be fully applicable to the requirements of this
paragraph, in the event of Lessee's breach of this paragraph, or as a result of any such
discharge, leakage, spillage, emission or pollution arising out of the Lessee's use of the
leased premises.
Lessee must also obtain any and all necessary governmental licenses and permits
necessary in order to use the leased premises for intended purpose.
7. That City does hereby rent and demise, subject to the foregoing terms and provisions,
unto Lessee on a month-to-month periodic tenancy, the property described on Exhibit "A",
hereinabove referred to as the "leased premises", which is attached hereto and made a
part hereof.
8. That Lessee is further subject to the additional terms and conditions specified on Exhibit
"S", attached hereto and made a part hereof.
9. This Lease Agreement embodies the complete agreement of the parties, superseding all
oral or written previous and contemporary agreements between the parties and relating to
matters in this Lease Agreement, and except as otherwise provided in this Lease
Agreement cannot be modified without written agreement of City and Lessee to be
attached to and made a part of this Lease Agreement.
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17
.
s't I I
Signed in duplicate this the _1_ day of __ _______ , 20 \ 0 , A.D.
LESSOR: CITY OF DALLAS
Rebecca Rasor
Managing Director
Trinity River Corridor Project
Dept. of Trinity Watershed Management

Managing Director
I
LESSEE:
Zoila Sernade de Jasso

taVid Jasso tJ
'::::::---m= . <::::;:; -:::,
Make rent check payable to: City of Dallas
Mail to: Trinity River Corridor Project
attn: Income Leases
1500 Marilla, 68 South
Dallas, Texas 75201
To help ensure proper credit, LESSEE should put "Log No. TWrrRC202" on all
checks and other correspondence.
- 6 -
18
19
,
EXHIBIT "B"
Additional Terms & Conditions
1. Payments received more than ten (10) days after the due date shall be subject to a late
payment charge calculated at the rate of eighteen per cent (18%) per annum, compounded
monthly, or the highest applicable rate allowed by law. The obligation to pay the rental
amount is an independent covenant. The failure of LESSEE to pay such amount upon
demand shall, at City's option, be an event of default hereunder.
2. The rental amount shall be in addition to and exclusive of any other taxes or special
assessments required by law to be paid by Lessee including, but not limited to, ad-valorem
taxes, which shall be the sole responsibility of LESSEE. Furthermore, LESSEE agrees to
promptly pay all such taxes or special assessments, unless LESSEE is lawfully contesting
same.
TWrrRC202
-7-
20
April 24,2012
Zoila Sernade de Jasso
David Jasso
818 Pemberton Hill Road
Dallas, Texas 75217
Via CM/RRR: 70060100000313029905
Re: Lease with the City of Dallas dated July 1,2010
Log No. TRC 202
811 Pemberton Hill Road
Dear Ms. Jasso and Mr. Jasso:
Notice is hereby given and demand is hereby made that effective 5:00 p.m. on April 24, 2012,
you and your employees, agents and representatives shall cease and desist from the slaughter,
processing or storage of slaughtered animals on the approximately 74.622 acres of land which
you are leasing from the City of Dallas, known generally as 811 Pembelton Hill Road, Dallas,
Texas (the "Leased Premises"). You are also advised not to resume such operations.
I have attached a copy of the lease (the "Lease") to this letter. This propelty is located in both
the Agricultural ("A") and Light Industrial ("LI") zoning districts in the City. The slaughtering
of animals is not permitted in either the A or LI districts. Therefore, such use violates the City's
zoning ordinance. Section 6(g) of the Lease provides that Lessee is prohibited from using the
Leased Premises in any maImer which violates federal, state or local law. Yom slaughtering
operation, therefore, also violates section 6(g) of the Lease.
Additionally, as you know, you may be entitled to certain relocation benefits in connection with
the City's acquisition of the Leased Premises from yom former landlord. The City would like to
meet with you and several moving companies in the next few days who will be submitting
estimates of the costs to move your personal property. The City would request your presence at
that meeting to discuss the moving process and the estimates of the moving costs. Please contact
Regina Barber at 2]4-671-9595 to coordinate that meeting.
You are entitled to 90 days notice to vacate the Leased Premises once the City has delivered your
notice of eligibility for any relocation benefits that you may be entitled to. The City will work
with you if you need additional time to find an alternate location, provided it does not interfere
with the City's need for possession of the Leased Premises for the Horse Park. Furthermore, you
are not required to stay on the Leased Premises for the entire 90-day period and you may move
out before then if you wish.
21
Please be advised that at 9:00 a.m. on Wednesday April 25, 2012, the City will be sending
certain City persOImel to inspect the Leased Premises. You are welcome to be present during
that inspection.
The City would like to meet with you and your attorney to discuss an amicable resolution of your
move from the Leased Premises and the co'ntinued occupancy of the Leased Premises. Once you
have moved from the Leased Premises, the City ",ill terminate the Lease. Please be advised that
the only place that a slaughterhouse is permitted within the City is in the Industrial
Manufacturing (,<1M") District and only if a specific use permit ("SUP") by the Dallas City
Council after notice and a public hearing.
We look forward to working with you on this transition as the City prepares to make the Leased
Premises ready for the City's Horse Park. Thank you for your consideration in this regard.
Christoplier 'aso
Senior Assistant City Attorney
214-670-3519 (Phone)
214-670-0622 (Fax)
cluis.caso@dallascityhall.com (Email)
c: Mr. David L Kane
David L. Kane, P.C.
5301 Village Creek, Suite D
Plano, Texas 75093
Via Facsimile: 972-665-0100 and e-mail
Enclosure
2
22
City of Dallas
May 15, 2012
David Jasso and Zoila Sernade de Jasso - Progresso Farms
811 Pemberton Hill Road
Dallas, Texas 75217
Re: RELOCATION ELIGIBILITY NOTICE
Dear Mr. Jasso and Ms. Jasso:
On March 26, 2008, the City of Dallas made an offer to purchase the property occupied
by your business, Progresso Farms at 811 Pemberton Hill Road in the Trinity River
project area. It has been determined that your business was displaced by this
purchase.
This is a Relocation Eligibility Notice. To carry out our plans to develop the Trinity
River Corridor Project, it will be necessary for you to move. Since your business is
being displaced in connection with this federally funded project, you will be eligible for
relocation assistance and payments under the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, as amended (URA). The effective date of this
notice is March 26, 2008.
Provided you meet certain eligibility reqUirements, some of the relocation assistance for
which you may be entitled includes:
Relocation Advisory Services to help you find a suitable replacement
location and to provide other assistance in connection with your move.
Payment for Moving and Reestablishment Expenses. You may be eligible
for: (1) a payment for your actual reasonable moving and related
expenses; including payment for reestablishment expenses of up to
$10,000, or (2) a fixed moving payment for your actual reasonable and
necessary moving and reestablishment expenses. The fixed moving
payment ranges from a minimum of $1,000 to a maximum of $20,000
depending on a number of factors. Should you elect the actual
reasonable moving and related expenses-nonresidential payment, your
moving expense payment and the site search cost will be $83,266, when
completed your reestablishment cost will be added to your move cost.
THE TRINITY
DALLAS
TrinilyWatershed Management 1500 Marilla, Am. 6BS, Dallas, TX 75201 Telephone 214-671-9500 FAX 214-67D-3226
www.trinityrivercorridor.org
23
May 15,2012
David Jasso and Zolla Sernade de Jasso -Progresso fanns
Page 2
In order to qualify for the moving payment it will be necessary for you to provide the City
with reasonable advance written notice of the approximate date of the start of your
move and disposition of your personal property and a list of items to be moved. You
must also permit the City to make reasonable and timely inspection of the personal
property at both the displacement and replacement sites and to monitor the move.
Enclosed is a brochure entitled, "Relocation Assistance to Displaced Businesses,
Nonprofit Organizations and Farms". Please read it carefully. It explains your rights
and provides additional information on eligibility for relocation payments and what you
must do in order to receive these payments. A representative of the Relocation Division
will assist you with your move and help ensure that you preserve your eligibility for all
relocations payments for which you may be entitled.
(NOTE: Pursuant to Public Law 105-117, aliens not lawfully present in the United
States are not eligible for relocation aSSistance, unless such ineligibility would
result in exceptional hardship to a qualifying spouse, parent, or child. All
persons seeking relocation assistance will be required to certify that they are a
United States citizen or national, or an allen lawfully present in the United States.)
This relocation offer is for your consideration. A person who disagrees with the City of
Dallas' determination concerning whether the person qualifies as a displaced person, or
the amount or type of relocation assistance for which the person may be eligible, may
file a written appeal of that determination with the Relocation Office within sixty (60)
days of receiving this letter. The Relocation Office is located at 320 E. Jefferson
Boulevard, Room 203, Dallas, Texas 75203, phone number (214) 948.5321. A copy of
the appeal procedures will be furnished to you free of charge upon request. We can
assist you in filling out the forms. If you do not make a written appeal to the
Assistant Director of the City Department of Sustainable Development and
Construction concerning your eligibility for or the amount of a relocation
assistance payment any time within sixty (60) days of receiving this letter, which
is our offer of relocation assistance, then the City's decision is final. If you have
any questions, please contact me at (214) 671-9595.
This letter is important to you and should be retained.
Sincerely, I acknowledge receipt of this letter.
24
City of Dallas
May 15,2012
Sent by email (david@davidkanepc.com) and facsimile (972-665-0100)
David L. Kane
5301 Village Creek, Suite D
Plano, Texas 75093
Re: Serious Dallas City Code violations at 818 Pemberton Hill Road, Dallas, Texas ("the
Property")
Dear Mr. Kane:
I am writing regarding the Property, which our records indicate is leased and operated by your
clients, David Jasso and Zoila Semade de Jasso, d/b/a Progreso Farms, LLC, d/bla Progresso
Farms (collectively refered to as "the Jassos").
On Wednesday, May 2, 2012, City personnel executed an administrative search wan-ant to
inspect and collect soil and water samples at the Property. This inspection and subsequent
laboratory analyses have revealed that the Property contains numerous violations of city
ordinances, many of which may create health and safety problems for the employees, customers,
neighbors, and the general public. As you know, the Jassos are responsible for maintaining the
Property in a safe and sanitary condition.
The specific violations are listed below and copies of the pertinent code sections are attached.
This letter does not pUrpOlt to contain a complete list of all violations of the Dallas City Code on
the Property. Moreover, the conditions observed at the Property demonstrate that the Jassos may
be in criminal violation of state andlor federal environmental laws.
Violations of the Dallas City Code:
1. Water is being discharged or caused to be discharged that does not consist entirely of
stormwater into the stormwater drainage system, waters of the United States, and state
water. Section 19-1lS.2( a).
2. Industrial waste is being discharged or permitted to be discharged into the storm water
drainage system. Section 19-11S.2(f)(2).
3. Runoff andlor washdown water from an animal pen and livestock containment area is
being discharged or permitted to be discharged into the stOlIDwater drainage system.
Section 19-11S.2(f)(9).
4. An industrial facility has been operated without complying with all terms and conditions
of the multi-sector general permit or an individual NPDES or TPDES permit. An
1 of 5
OFFICE OF THE CITY ATIORNEY CITY HALL DALLAS, TEXAS 75201 PHONE 214-670-3519 FAX 214-670-0622
25
industrial facility has been operated without best management practices being used to
control and minimize the discharge into the stormwater drainage systems, waters of the
United States, and state water of any material or substance handled, stored, or generated
by the industrial facility and any pollutant that may be attributed to those materials or
substances. Sec. 19-118.7(a).
5. The sanitary and storm drainage systems of a structure are not entirely separate. Section
1104.2 of Chapter 54.
6. A slaughterhouse, slaughter pen, yard, ground, or premise is being operated and
maintained in such a manner as to exude noxious odors or stenches, be offensive or
disagreeable, or be injurious to the health or comfort of any of the City's inhabitants.
Section 19-19(a).
7. Animals are being killed or slaughtered within the city for the purpose of selling,
bartering, donating, or using the animal's flesh for any form of human consumption.
Section 19-19(b).
8. Vegetable or animal matter or slop, or any filth of a character likely to affect the public
health or to produce offensive smells has been deposited or placed on the premises.
Section 19-20.
9. The carcasses of your dead animals are being allowed to remain in or the property more
than six hours after their deaths. Section 19-20.
10. Green, tainted, decaying or malodorous hides are being deposited, stored, trimmed,
scoured, cured or treated on the property for periods exceeding four hours. Section 19-
21.
11. A septic tank or other private sewage facility has been allowed to become foul, offensive,
or nauseating, or in any way drain to the surface of the ground, so as to become injurious
to the public health. Section 19-92.
12. Solid waste or other waste materials are being disposed on the property other than at a
location and in a manner approved by the director of sanitation as complying with
federal, state, and local law regulating solid waste processing and disposal. Section 18-
lO(a)(l).
13. A structure has been erected, constructed, enlarged, added to, altered, repaired, replaced,
moved, improved, removed, installed, converted, demolished, equipped, used, occupied,
or maintained without a building permit being obtained from the building official.
Section 52-301.1.1.
14. There is a cellar, vault, drain, pool, privy, sewer, yard, grounds or premises on the
property that has been permitted to become, from any cause, nauseous, foul, offensive or
26
injurious to the public health, or unpleasant and disagreeable to adjacent residents or
persons. Section 19-17.
15. There is a collection of standing or flowing water in which mosquitoes breed or are likely
to breed on the premises. Section 19-30.
16. There is litter that has been placed, deposited, or permitted to accumulate on the premises
or in or on any gutter or parkway adjacent to the premises or on one-half of that portion
of an alley adjacent to the premises that has not been deposited in an authorized private
receptacle for collection. Section 7 A -18. .
17. A slaughterhouse (inside industrial use - potentially incompatible) is being operated in a
district zoned Agricultural in violation of Section 51A-4.111, or in a district zoned Light
Industrial in violation of Section 51A-4.123.
18. There are holes, excavations, sharp protrusions, and other objects or conditions that exist
on the land that are reasonably capable of causing injury to a person. Section 27-
l1(a)(l).
19. The exterior surfaces of a structure are subject to decay. Section 27-11(b)(1).
20. A structure intended for human occupancy and a structure used as an accessory to a
structure intended for human occupancy are not being maintained in a weather-tight and
water-tight condition. Section 27-11 (b )(5).
21. Floors, walls, ceilings, and all supporting structural members are not being maintained in
a sound condition, capable of bearing imposed loads safely. Section 27-11(b)(6).
22. There are holes, cracks, breaks, and loose surface materials that are health or safety
hazards in or on floors, walls, and ceilings. Section 27-11 (b)(9).
23. Junked vehicles are being parked, left, or maintained on the property. Section 18.20(b).
24. One or more new, used, or old tires are not being kept under a roofed structure on .the
premises that is sufficient to keep the tires from being exposed to rain. Section 19-
34. 1 (b)(l)
The City demands that the Jassos immediately address and immediately remedy the code
violations referenced above, including discontinuing the slaughterhouse use on the Property. In
addition to the fact that slaughterhouse is an illegal use at the Property, the J assos do not appear
to have obtained City sanitary sewer service or water service for their industrial operations at the
Property. Continued operation of the facilities at the Property without proper water and
wastewater service constitute a public nuisance and an immediate and serious threat to public
health and safety. It may also be a criminal violation of state and/or federal law, as well as under
the City Code as noted above. This letter is sent to you in the City's capacity as regulator and
27
enforcer of City ordinances, and is in addition to any remedies that the City may have under a
lease or other agreement.
If the Jassos fail to take all actions necessary to remedy the ordinance violations on the Property,
the City may file suit in state district COUlt requesting injunctive and declaratory relief requiring
the J assos to remedy these violations. The City also may seek penalties of up to $2,000 a day for
each violation, under state, local, and other law. Remedies may be requested under other law
and the common law if necessary and appropriate.
Please respond to this letter upon receipt confirming that the Jassos will immediately and
permanently cease and desist from operating a slaughterhouse at the Property and will
remain closed to the public until the Jassos remedy these code violations. Under the
circumstances, you and any other attorneys for the J assos do not have our permission to contact
city employees directly. If you have any questions or concerns, I can be reached at 214-671-
9544 and Assistant City Attorney James McGuire can be reached at 214-670-1331. If a
satisfactory response to this letter is not received by Monday, May 21, at 5:00 p.m., we will seek
all appropriate remedies under the law.
Melissa Miles
Executive Assistant City Attorney
Attachments
28
May 17,2012
Zoila Sernade de Jasso
David Jasso
811 Pembelion Hill Road
Dallas, Texas 75217
Via CM/RRR: 70060100000313029295
City of Dallas
Re: Lease by and between the City of Dallas (the "City") and Zoila Sernade de Jasson and
David Jasso ("Lessee"), dated July 1, 2010, of approximately 74.622 acres in City Blk
6239, commonly known as 811 Pemberton Hill Road, Dallas, Dallas County, Texas, (the
"Leased Premises") under City Log No. TRC 202 (the "Lease")
Dear Ms. Jasso and Mr. Jasso:
Please be advised that you are in violation of a number of the terms, conditions and covenants of
the Lease, a copy of which is attached hereto as Exhibit "A". These violations include, but are
not necessarily limited to, the following:
a. You have failed to undertake all maintenance necessary to keep the Leased
Premises safe and from deteriorating in value or condition in violation of
Paragraph 3 of the Lease.
b. Your use of the Leased Premises is in violation of federal, state or local laws,
regulations, rules and orders, including without limitation, those relating to health,
safety, noise, environmental protection, waste disposal and water and air quality
in violation of Paragraph 9 of the Lease.
c. You have failed to obtain any and all necessary governmental licenses and
pern1its necessary in order to use the Leased Premises for your intended purposes
in violation of Paragraph 9 of the Lease.
d. You have violated the use provision contained in Paragraph 3 of the Lease.
More specifically, and by way of illustration and not limitation, the Leased Premises is being
used as a slaughterhouse in violation of the City's zoning ordinance and other ordinances of the
City. Further, you have created and/or allowed to exist and continue unsafe and unsanitary
conditions on the Leased Premises as discussed in greater detail in the letter sent to you by
Assistant City Attorney Melissa Miles on May 15, 2012, a copy of which is attached hereto as
Exhibit "B".
OFFICE OF THE CITY ATTORNEY CITY HALL DALLAS, TEXAS 75201 PHONE 214-670-3519 FAX 214-670-0622
29
As a result of your violation of the covenants of the Lease, your right to occupy the Leased
Premises is forfeited and the City does hereby demand immediate possession thereof, all as
provided for by Paragraph 6a of the Lease.
Further, the City does hereby terminate the Lease pursuant to its right under Paragraph 6f of the
Lease and by reason of your breach of the Lease and demands immediate possession of the
Leased Premises. Such termination has been deemed necessary by the City by reason of your
covenant breaches described above and so the City ~ y begin clean-up of the Leased Premises
in connection with its use for the City'S Horse Park.
In light of the forfeiture of your right to occupy the Leased Premises and termination of the
Lease, notice is hereby given and demand is hereby made that you completely vacate the Leased
Premises by 5:00 p.m. May 25, 2012 (the "Vacation Date"). You must remove all persons,
animals and personal property from the Leased Premises by the Vacation Date and you are
prohibited from re-entering the Leased Premises after that date. If you do not remove all animals
and personal property from the Leased Premises by the Vacation Date, the City will assume that
you have abandoned the animals and personal property and the City will dispose of such
property accordingly. The City assumes no liability for any dan1age to property that is not
removed from the Leased Premises by the Vacation Date.
In that regard, in order to ensure the safety of the animals, if any animals are not removed from
the Leased Premises by the Vacation Date, the City shall either remove the animals from the
Leased Premises and have them stored at an appropriate location or maintain the animals on site
and have a caretaker take care of the animals. You will be charged the cost of removal, storing
and caring for the animals. In addition, the City reserves the right to sell the animals if you do
not claim them and pay the costs for any removal, storage and care of the animals.
The City is also hereby notifying you that the City will begin the clean-up of the unsafe and
unsanitary conditions that you have caused on the Leased Premises and you will be charged with
the cost of that clean-up as authorized by the Lease. The City will also make demand upon your
insurance carrier that your insurance carrier pay the cost of such clean-up.
If you have not vacated the Leased Premises by the Vacation Date the City will secure the
Leased Premises to prevent your occupancy of it. If you or any of your employees or other
agents attempt to re-enter the Leased Premises after the Vacation Date you will be considered
trespassers and subject to citation or arrest.
Finally, the City does reserve any and all rights it may have under the indemnification provided
in Paragraph 6e of the Lease, as well as any other remedies it may have under the Lease, at law
or in equity.
Without in any way qualifying or limiting the City'S demand for immediate possession and
termination of the Lease or extending the Vacation Date stated above, you are further notified
that the City hereby also elects (as an alternate termination of the Lease) to terminate and
discontinue the month-to-month tenancy of the Lease.
2
30
If you have any questions in this regard, please do not hesitate to call.
, / ~
""n""""" let J. UlSo
or Assistant City Attorney
2 r4-670-3519 (Phone)
214-670-0622 (Fax)
chris.caso@dallascityhall.com (Email)
c: Mr. David 1. Kane
David 1. Kane, P.C.
5301 Village Creek, Suite D
Plano, Texas 75093
Via Facsimile: 972-665-0100 and e-mail
Enclosures
3
31
City of Dallas
May 31,2013
David Jasso and Zoila Sernade de Jasso - Progresso Farms
2320 W. Malloy Bridge
Seagoville, Texas 75159 Cert Mail # 7011 2000000090646705
Re: Determination of Non-Eligibility
Dear Mr. Jasso and Ms. Jasso:
On May 15, 2012, you were notified by letter that the City believed you would be eligible
to request relocation benefits for your business, Progresso Farms, if you met the
applicable eligibility requirements. The City has since determined that, under the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended (the URA), you are not displaced persons, and your business is not eligible for
relocation assistance. The City made this determination because the business activity
conducted on the property was unlawful and thereby ineligible for relocation assistance,
and the fact that you have forfeited your status as a displaced person by forfeiting your
right to occupy the property when your lease with the City was terminated as a direct
result of your breach of multiple material terms and conditions of your lease with the
City. To further clarify, be advised that the City's determination of business ineligibility
is based on finding that the business of Progresso Farms was a slaughterhouse. A
slaughterhouse is a use that was both illegal at the property under any circumstances,
and operated in violation of numerous city ordinances and other law. Additionally, the
operation of any business at the property was unlawful because you did not apply for
and acquire a certificate of occupancy to operate a business at the property.
(NOTE: Pursuant to Public Law 105-117, aliens not lawfully present in the United
States are not eligible for relocation assistance, unless such ineligibility would
result in exceptional hardship to a qualifying spouse, parent, or child. All
persons seeking relocation assistance will be required to certify that they are a
United States citizen or national, or an alien lawfully present in the United States.)
A person who disagrees with the City of Dallas' determination concerning whether the
person qualifies as a displaced person, or the amount or type of relocation assistance
for which the person may be eligible, may file a written appeal of that determination with
the Relocation Office within sixty (60) days of receiving this letter. The Relocation
Office is located at 320 E. Jefferson Boulevard, Room 203, Dallas, Texas 75203, phone
number (214) 948-5326. A copy of the appeal procedures will be furnished to you free
of charge upon request. If you do not make a written appeal to the Assistant
Director of the City Department of Sustainable Development and Construction
Tnnity Watershed Management
THE TRINITY
DALLAS
1500 Manila, Rm 6BS, Dallas TX 75201
wwwtrinityriv+rcomdororg
Telephone 214-671-9500 FAX 214-6703226
32
May 31, 2013
David Jasso and Zoila Sernade de Jasso -Progresso Farms
Page 2
concerning your eligibility for or the amount of a relocation assistance payment
any time within sixty (60) days of receiving this letter, then the City's decision is
final. If you have any questions, please contact me at (214) 948-4368.
33
David Kane
From:
Sent:
To:
Subject:
Attachments:
David Kane
Tuesday, September 24, 2013 1:37 PM
Appleton, Roy <rappleton@dallasnews.com> (rappleton@dallasnews.com)
FW: Progresso Farms
Progreso Notice of Ineligibility.pdf; Document2.docx
From: Mcguire
r
James [mailto:james,mcguire@dallascityhall.com]
Sent: TuesdaYr June 04
r
2013 1:51 PM
To: David Kane
Cc: Chhean
r
Chhunny
Subject: Progresso Farms
David-
I am in receipt of the below email and referenced attachment (your draft letter to Regina Barber, Relocation
Specialist for the City of Dallas, which is attached hereto as a Word document). In both the email and draft
letter, you have incorrectly recounted a recent conversation between your client and Ms. Barber. Mrs. Diana
Jasso (Mr. David Jasso's wife) called Ms. Barber on May 24, 2013 and informed Ms. Barber that the Jassos
were completed with the move and re-establishment of their business. Ms. Barber informed Mrs. Jasso that
(1) the Jassos' file was in review at the City; and (2) she would follow up after the Memorial Day weekend to
inform the Jassos of the City's decision. At no time did Ms. Barber tell your clients that the City Attorney's
Office was "refusing to let the process move forward" or "suspend[ing]" any payment due. To the contrary, she
told them that it was under review and a decision was forthcoming. Consistent with her statements to Mrs.
Jasso, Ms. Barber sent a letter to your clients informing them that their illegal slaughterhouse operation
formerly located at 811 Pemberton Hill Road is ineligible for relocation benefits from the City. A PDF of that
letter is attached hereto for your convenience.
In addition, the Dallas City Charter provides that the City Attorney represents the City in all legal
matters. Thus, our office represents the City with regard to the attached Notice of Ineligibility. We do not
consent to you communicating directly with City representatives. Any further communications from you to the
City regarding the Notice of Ineligibility or other related issues must be sent to me, unless I direct
otherwise. Please also note that the City reserves the right to respond accordingly when and if it receives a
finalized version of your draft letter referenced above.
Finally, your clients' illegal acts at their 1117 Pemberton Hill Road property appear to have been distinct and
unrelated to their former illegal slaughterhouse operation at 811 Pemberton Hill Road. Your clients have
already admitted to, among other things, illegal filling at the 1117 Pemberton Hill Road property, and agreed to
clean up the property but failed to do so by the agreed deadline. Please coordinate your efforts regarding the
cleanup of the 1117 Pemberton Hill Road property with Ms. Chhunny Chhean, Assistant City Attorney, City of
Dallas.
Regards,
James McGuire
Assistant City Attorney, City of Dallas
214-670-1331 Direct
CONFIDENTIALITY NOTICE: This communication is intended only for the use of the individual or entity to which it is addressed and may contain
information that is privileged, confidential, and exempt from disclosure under applicable law. If you are not the intended recipient of this information, you
5
34
are notified that any use, dissemination, distribution, or copying of the communication is strictly prohibited, and requested to reply hereto or notify
sender by other immediate means of the misdelivery.
From: David Kane [mailto:david@davidkanepc.com]
Sent: Wednesday, May 29, 2013 5:45 PM
To: Chhean, Chhunny
Subject: RE: Phase II for Jasso's 1117 Pemberton Hill Road
Chhunny,
I met with my client on Friday regarding the settlement and was informed that his relocation benefits were suspended
by order of your office. Attached is a draft of the letter I sent to Ms. Barber. Before any settlement can be considered
on the 1117 Pemberton Hill matter the Benefits issue will need to be resolved. My client needs an ongoing business in
order to meet any commitments and the failure of the City to pay any benefits will eliminate his ability to take any steps
to resolve the above dispute.
The attachment is only my working draft and may differ from the one I sent. It also contains attachments I don't have
readily at hand. If you like, I will forward a courtesy copy in the morning. Please let me know if you have any questions.
Very Truly Yours,
David L. Kane
Attorney at Law
(972) 762-6216 Mobile
(972) 665-0055 Office
(972) 665-0100 Fax
From: Chhean, Chhunny [mailto:chhunny.chhean@dallascityhall.com]
Sent: Wednesday, May 29, 2013 5:30 PM
To: David Kane
Cc: Miles, Melissa
Subject: Phase II for Jasso's 1117 Pemberton Hill Road
I tried your office but got voicemail only. Can you provide us with an update on your client's willingness to conduct a
phase II environmental site assessment for 1117 Pemberton Hill? I'm available by phone tomorrow as well.
Thanks,
Chhunny Chhean
Assistant City Attorney
Code Compliance Litigation
Dallas City Attorney's Office
1500 Marilla St., Suite 7DN
Dallas, TX 75201
Direct: 214-670-3490
Fax: 214-670-0622
CONFIDENTIALITY NOTICE: This communication is intended only for the use of the individual or entity to which it is
addressed and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. If
you are not the intended reCipient of this information, you are notified that any use, dissemination, distribution, or copying
6
35
of the communication is strictly prohibited, and requested to reply hereto or notify sender by other immediate means of the
misdelivery,
7
36
City of Dallas
Attn: Regina Barber
Re: A12-07546 Lease between City and Zoila and David Jasso
Ms. Barber:
Sometime ago, I entered into discussions with your City Attorney's office regarding the
above matter. Your prior discussions with my client had indicated that the "Relocation Benefits"
would be paid once the new property was eligible for occupancy. My client informed you
recently that the final inspections were to occur and that he was ready for your office to conclude
the process and fund the approximate figure of $89,000.00.
Unfortunately, you recently informed him that your City Attorney's office is refusing to
let the process move forward. I had previously informed the City Attorney that his conduct and
that of the City conduct may constitute a tmi associated with the City'S "Proprietary Function" of
leasing the property and providing relocation benefits to its prior tenant. It is well settled and the
Texas Supreme COUli has stated, "Contracts made by municipal corporations in their proprietary
capacity have been held to be governed by the same rules as contracts between individuals."
Gates v. City of Dallas, 704 S.W.2d 737, 738-39, 29 Tex. Sup. Ct. J. 200 (Tex. 1986). The
Supreme Court has also stated that a city that contracts in its proprietary role is "clothed with the
same authority and subject to the same liabilities as a private citizen." Id.
In Berkman v. City of Keene, 2009 Tex. App. LEXIS 5494 (Tex. App. Waco July 15
2009), the City entered into an agreement with the landowner's predecessors, and the City'S
promise was a covenant. In Oldfield v. City of Houston, 15 S.W.3d 219,2000 Tex. App. LEXIS
1579 (Tex. App. Houston 14th Dist. 2000), the City'S enforcement of certain restrictions was also
a proprietary function.
In this case the City has continued to take arbitrary, negative positions with regard to my
client while attempting to wrongfully profit from the private insurance system based on false
pretenses. Now they have initiated suit against my client, again based on false pretense, and
appear to attempt to use those false claims as justification for denying my client the benefits he
was promised after he detrimentally relied. This is not something my client will accept.
To the extent the extent that the City, by and through its agents and attorneys, the
substance of which is unknown at this time, has committed the tmis of negligent
misrepresentation, fraud and fraud in the inducement, the Texas Tort Claims Act requires that
notice of a claim for damages must "reasonably describe" (1) the damage or injury claimed, (2)
the time and place of the incident, and (3) the incident itself. Tex. Civ. Prac. & Rem. Code
101.101(a). In other words, the claim form must tell the who, how, what, when, and where of
the incident giving rise to the claim, as well as describe any injury resulting from the incident.
37
see City of Houston v. Watson, 376 S.W.2d 23, 29 (Civ. App.--Houston 1964, ref. n.r.e.)].
Attached are the emails from the City Attorney's office that describe the facts of which I am sure
you are well aware. That my client was a tenant of the City, that the City terminated the lease
based on, what my client believes, were false pretenses, that the city offered the "Relocation
benefits" on which my client relied, and now, according to your office, the City Attorney is
instructing you not to allow them to proceed to conclude this process of receiving benefits.
In addition to the above claims, I feel it is appropriate to give notice under 42 US.C
1981 which states as follows:
"Equal rights under the law
(a) Statement of equal rights. All persons within the jurisdiction of the United States shall
have the same right in every State and Territory to make and enforce contracts, to sue, be parties,
give evidence, and to the full and equal benefit of all laws and proceedings for the security of
persons and property as is enjoyed by white citizens, and shall be subject to like punishment,
pains, penalties, taxes, licenses, and exactions of every kind, and to no other.
(b) "Make and enforce contracts" defined. For purposes of this section, the term "make
and enforce contracts" includes the making, performance, modification, and termination of
contracts, and the enjoyment of all benefits, privileges, terms, and conditions of the contractual
relationship.
(c) Protection against impairment. The rights protected by this section are protected
against impairment by nongovernmental discrimination and imp ailment under color of State
law."
The remedy my client would seek under this 1981 is reinstatement of the lease and
application of the monetary benefits to restore his business at that location where the City
fraudulently induced him to relocate based on the promise of financial compensation.
Demand is hereby made that the City moves to finalize the Benefit process within five (5)
days of your receipt ofthis letter. Failure to do so will result in a suit being filed in the Court of
proper jurisdiction for the alternate causes of action alleged above.
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September 13, 2013
Mr. David Jasso and Mrs. Zoila Jasso
2320 W. Malloy Bridge
Seagoville, TX 75159
Re: Appeal - Business Relocation and Fixed Moving Expense Payments
811 Pemberton
Dear Mr. Jasso and Mrs. Jasso:
I received your Relocation Appeal dated July 12, 2013 and met with you on Thursday,
August 29, 2013. It is my understanding that you are appealing the City's determination
of ineligibility for relocation assistance for your business, based on a determination of
illegal activity on the property.
Based on review of the documentation provided in advance of the meeting, at the
meeting and in City files, I have determined that no additional documentation has been
provided to warrant changing the City's determination of non-eligibility for relocation
benefits.
If you disagree with this determination, you may file a written appeal of this
determination to the Interim Director of Sustainable Development and Construction,
David Cossum, with the Relocation Office within 20 days from receipt of this letter. The
Relocation Office is located at 320 E. Jefferson Boulevard, Room 203, Dallas, Texas
75203, phone number (214) 948-4100. Enclosed is a copy of the appeal procedures.
Manager Lou Jones is available to assist you in filling out the forms, if necessary.
If you do not make a written appeal to the Interim Director of Sustainable Development
and Construction concerning your eligibility for, or the amount of, a relocation
assistance payment any time within twenty (20) days from receipt of this letter, the
City's decision is final. If you have questions, I can be reached at (214) 948-4100.
Sincerely,

Bonnie Meeder, Assistant Director
Real Estate Division, Sustainable Development and Construction
c: David Cossum, Interim Director, Sustainable Development and Construction
Lou Jones, Manager, Sustainable Development and Construction
Relocation Barber, Senior Relocation Specialist, Sustainable Development and Construction
Consuelo Rios Tankersley, City Attorney's Office
Pau.' of 1
SUSTAINABLE DEVElOPMEHr AND CONSTRUCTION REAL ESTATE DIVISION 32(1 E JEFFERSON BLVD SUITE 2(13 DAlLAS, TEXAS 752(13 TELEPHONE 2grg4S-4100 FIV. 2W,,48-40SJ OR 214f.l48-4118
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David L. Kane, Attorney
David L. Kane, P.C.
5301 Village Creek, Suite D
Plano, Texas 75093
Via Facsimile: 972-665-0100 and email
Pag. 2 of2
SUSTAINABLE DEVELOPMENT AND CONSTRUCTION REAL ESTATE DMSION 320 E. JEFFERSON BLVD. SUITE203 Dftl.LAS, TEXAS 75203 TELEPHONE 214l948-41oo FAX 214l948-4083 OR 214i948-411B
40