HomeMy WebLinkAboutOrdinance No. 16, 459 (Item 5.b.) ORDINANCE NO. 16,459
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE
CITY CLERK TO ATTEST TO A CHAPTER 380 ECONOMIC DEVELOPMENT
AGREEMENT WITH FISH CAMP PROPERTIES BAYTOWN, INC. TO SUPPORT
THE DEVELOPMENT OF A NEW 13,500-SQUARE-FOOT RESTAURANT
FACILITY, TO BE BRANDED AS TIA JUANITA'S FISH CAMP, LOCATED AT 8701
CHAMBERS COMMON DRIVE; AUTHORIZING PAYMENT BY THE CITY OF
BAYTOWN AS AUTHORIZED IN SAID AGREEMENT; MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and directs
the City Manager to execute and the City Clerk to attest to a Chapter 380 Economic Development
Agreement with Fish Camp Properties Baytown, Inc. to support the development of a new 13,500-square-
foot restaurant facility,to be branded as Tia Juanita's Fish Camp,located at 8701 Chambers Common Drive.
A copy of the agreement is attached hereto, marked Exhibit "A," and made a part hereof for all intents and
purposes.
Section 2: That the City Council of the City of Baytown authorizes payment in accordance with
the agreement authorized in Section 1 hereinabove.
Section 3: That the City Manager is hereby granted general authority to approve a decrease or
an increase in costs by FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00) or less,provided that
the amount authorized in Section 2 hereof may not be increased by more than twenty-five percent(25%).
Section 4: This ordinance shall take effect immediately from and after its passage by the City
Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative v to of e City ouncil of the City of
Baytown this the 141h day of May, 2026.
C ES JO Mayor
TEST. ��,�,V70tr,r'
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ANGEL 0 ON, i C
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APPROVED.�Z T FORM:
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SCOTT LEM-ND, City Attorney
R'Ordinances and Resolutions%Ordinance Drafts\2026-05-14\Ord-380-Fish Camp-SL docx
CHAPTER 380 ECONOMIC DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF BAYTOWN, TEXAS
AND
FISH CAMP PROPERTIES BAYTOWN INC
This Chapter 380 Economic Development Agreement ("Agreement") is made and entered
into as of May2026 (the "Effective Date") by Fish Camp Properties Baytown Inc, a Texas
limited liability company, (the "Company"), and the City of Baytown, Texas, a Texas home rule
municipality, (the "City"). The City is authorized by Chapter 380 of the Texas Local Government
Code to create programs for the grant of public money to promote state and local economic
development and to stimulate local business and commercial activity.
The City has authorized the creation of an economic development program under Chapter
380 of the Texas Local Government Code and has authorized the City Manager to make a grant of
money to the Company to (i) construct a facility on the property (the "Property"), and (ii) create
New Full -Time Jobs at the Facility (0) and (ii) together are the "Project").
The location of the Company's Facility in the City of Baytown will further state and local
economic development and stimulate business and commercial activity in the City of Baytown.
The Company accepts the City's grant and agrees to carry out the Project, the terms of which are
the subject of this Agreement.
The City and the Company agree as follows:
AGREEMENT
1. Definitions
1.01 "Agreement" has the meaning set forth in the preamble of this Agreement.
1.02 "Business Day" means any day other than a Saturday, Sunday, or a day on which
commercial banks in the State of Texas are authorized or required to be closed.
1.03 "City" has the meaning set forth in the preamble of this Agreement.
1.04 "Company" has the meaning set forth in the preamble of this Agreement.
1.05 "Confidential Information" means any proprietary or non-public financial records, tax
returns, Texas Direct Payment Permit returns, Use Tax Certificates, trade secrets. or other
information designated as confidential by the Company and provided to the City under this
Agreement. Confidential Information shall not include information that (a) is or becomes
publicly available through no act or omission of the City, (b) was already known to the
City prior to disclosure. or (c) is required to be disclosed by applicable law or court order.
provided the City gives the Company prompt written notice of such requirement.
EXHIBIT "A"
1.06 "Effective Date" has the meaning set forth in the preamble; of this Agreement.
1.07 "Event of Default" has the meaning set forth in Section 5.04 of this Agreement.
1.08 "Facility" means For the avoidance of doubt. the Facility is situated on and
constitutes a part of the Property.
1.09 "Full -Time Job" means a permanent, non -seasonal employment position located at the
Facility for which the employee is scheduled and compensated for a minimum of fourty
40) hours per week.
1.10 "Grant" means, collectively, the Sales Tax Rebate payable by the City to the Company
pursuant to Section 3.01 of this Agreement, subject to the; conditions and limitations set
forth herein.
1.11 "Grant Period" means each consecutive twelve (12)-month period during the Term,
commencing on the Effective Date and on each anniversary thereof.
1.12 "Parties" means, collectively, the City and the Company, and "Party" means either of them
individually.
1.13 "Project" has the meaning set forth in the Recitals of this Agreement.
1.14 "Property" has the meaning set forth in the Recitals of this Agreement.
1.15 "Salts Tax" means the sales and use tax authorized by Texas Tax Code § 32 1. 101 and as
adopted by the City of Baytown.
1.16 "Sales Tax Rebate" has the meaning set forth in Section 3 of this Agreement.
1.17 "Term" means the five (5)-year period commencing on the Effective Date and ending on
the fifth anniversary thereof, unless earlier terminated in accordance with this Ai.7reement.
1.18 "Texas Direct Payment Permit" means the direct payment permit issued by the Texas
Comptroller of Public Accounts to the Company pursuant to Texas Tax Code § 151.416,
authorizing the Company to self -assess and remit sales and use taxes directly to the State
of Texas.
1.19 "Use Tax Certificate" means the written certification, together with all supporting
documentation described in Section 4.01, SLlbmitte;d by the: Company to the City «rithin
thirty (30) days after the end of each Grant Period, evidencing the use taxes paid by the
Company to the State of Texas during such Grant Period.
1.20 "Use Tax Receipts" means the amounts remitted by or attributable to use taxes paid directly
by the Company to the State of Texas pursuant to the Company's Texas Direct Payment Permit
and subsequently reported or transmitted in connection with the City's entitlement to use tax
revenues for the applicable Grant Period.
I .
II. Company's Obligations
2.01 Construction of the Facility. The Company shall construct the Facility at the Property as
follows:
a) The Company will construct a [ 13,500] square foot building in accordance with all
applicable requirements, laws, rules, regulations, and ordinances and in accordance
with the following; additional construction requirements for exterior building
fa4ades (other than accessory use buildings with less than 500 square feet of surface
area):
i. Exterior construction of the building will consist of a blend between
metal panels, wood siding, wood post, brick, Nvindows, and Hardie
fa4 ade
i1. The interior will consist of metal framing, metal panel wainscot, chair
rail, horizontal wood sidin ty, and decorated in Tia Juanita's theme with
local decor;
iii. Tia Juanita Is branding will be applied to both interior and exterior of
the building;
iv. 5,000 square feet of kitchen space; and
V. 1,000 square feet of open concept bar with oyster grit
vi. 6,800 square feet of dining and wait areas to serve approximately 430
seated guests;
vii. Elevated stage for entertainment;
Fill. Private d1ninQ room that can accommodate 50 seated Or .
b) The attached illustration of the Property as depicted in Exhibit A is an example of
a facility meeting the requirements of Section 1.01(a)(1) and (ii).
c) The Company shall comply with the following deadlines, lnc'lliding the dates
provided for Commencement of Construction and Commercial Operations:
i. "Commencement of Construction" of the Project means the first date
on which all of the following have occurred, Such date being no later
than [June 1, 2026] (1) Company has received all necessary licenses,
permits and clearances as, in each case, Company reasonably
considers necessary so that physical construction of the Project may
begin, and (11) physical work of a significant nature has started on the
construction of the Project (including, at a minimum, the installation
or erection of fixed improvements to real property); provided.
however, that such physical work of a significant nature shall not
include any preliminary activities such as, but not limited to, pre -
construction planningy, engincerina or design, clearing_ any portion of
the land, dismantling and/or removing any existing facility on the land.
testing or drillin to determine soil conditions. grading or excavation
to change the contour of any portion of the land (as distinguished from
excavation for footings and foundations), erecting fences, and
construction of temporary roads to provide access to the site or used
solely for employee, contractor and visitor vehicles (as distinguished
from permanent roads integral to the operation or maintenance of the
Project upon the completion of construction).
ii. "Commercial Operations Date" means the date Company receives it
certificate of occupancy from the City of Baytown, Texas, whichever
occurs later but in no event shall be later than AuUTust 1, 2027].
2.02 Investment in the Facility. Company or its lessor, or landlord, or owner of the real property
at which the Facility is located must add a minilIium taxable value of S6,000,000 in
improvements to the Property ("Added Taxable Value") and maintain a minimum taxable
value of 56,0001000 for at least five (5) years from the Commercial Operations date.
2.03 Creation and Retention of New Full -Time .lobs. Company must create and retain seventy
70) additional full-time equivalent (FTE) employment positions, of which said position
means a person whose employment is permanent, nonseasonal and who is employed for a
minimum of forty (40) hours per week, for at least seven (7) years beginning on the
Commercial Operations Date.
2.04 Compliance %%,Ith City Requirements. The Company must maintain compliance %vith all
City requirements, including payment of takes and fees owed to the City.
2.05 Valuation Protest. The Company agrees that it will not protest or challenge the property
valuations determined by the Chambers County Appraisal District (CLAD) for the
Property during the term of this Agreement.
III. City's Obligations
3.01 Economic Development Incentive. As consideration for the Company's performance of its
obligations under this Agreement, the City will retain all property tax revenue from the
current base value of S2,391,320 (two million three hundred ninety-one thousand three
hundred txventy dollars, and the Company will be eligible to receive a rebate on the City's
portion of ad valorem tales generated by the new incremental value. The rebate portion is
not to exceed Forty Three Thousand Dollars S43,000 per year, and Two Hundred and
Fifteen Thousand DollarsS215,000 in total over five (5) years. Payment is subject to the
Company's compliance with all terms and conditions herein, including but not limited to
Section 1.05. The City's obligation to pay the Reimbursement is conditioned on the
following requirements:
a) The Company has paid property taxes on the base value of S2,391,320.
b) The Company has made a minimum project.*capital investment of S 10,000.000.
c) The Company has maintained an increased taxable value, potentially equal to or
greater than 56,000,000.
d) Tile Company remains operational throe` h0LIt the teI-I11 of the A(Treement.
e;) The Company has submitted annual compliance reports to the Citv, including the
followin` information:
1. The number of jobs created and/or retained.
2. General employee pay ranges and benefits offered.
3. Operating as a restaurant
f) The Company has complied with its obligations regarding Added Taxable `'aloe.
g) The Company is in compliance with all applicable requirements.
h) The Company has certified in writing on the form provided by the City that it is in
compliance with the terms and conditions of this Agreement, and the City has
verified such compliance.
i) The Company has provided the City with the following documents for
reimbursement:
l . A comprehensive list of all permits and fees, copies of all paid permits
and fees, detailed description of improvements with itemized costs, and
paid receipts for completed improvements.
2. The Harris Central Appraisal District assessment records for the year
the Company is applying for as well as the previous year to verity that
the cost of improvements equals an increase in appraised taxable valle
for the City of Baytown.
3. Proof that taxes have been paid for the year applying.
4. Any other information reasonably required by the City to confirm
compliance.
3.02 Construction Phase Sales Tax Rebate. During the construction phase, the Company shall
be eligible to receive a rebate equal to 50% of the sales and use tax collected on eligible
building and construction materials purchased and delivered within the City's 'Lirisdiction,
based on the 2.01/0 local option sales tax (1.01' City, 0.5% MDD, 0.251/0 FCPD, 0.25%
CCPD), not to exceed 5405000.00.
3.03 Operational Phase: Sales Tax Rebate. Upon receipt of a Certificate: of Occupancy, the
Company shall be eligible for a rebate equal to 50% of the City's 1 % local sales tax
collected from the Company's operations, subject to an annual cap of 535,000 and a total
cap of S 175,000 over five ([5]) years.
3.04 The Sales Tax Rebate may be made annually, based oil sales tax receipts submitted by the
Company, provided that the Company has provided the City with the following documents
for reimbursement:
1. Copies of sales tax returns filed with the: Texas Comptroller of Public Accounts.
2. Proof of payment of sales tax for the period applying.
3. Any other information reasonably required by the Cityto confirm compliance «-ithp
this Agreement.
IV. Documentation Supporting the Economic Development Grant
4.01 Use Tax Certificate. Durina the tenli of this Agreement, the Company shall within thirty
30) days after the end of each Grant Period, provide the City with a Use Tax Certificate
relating to Use Tax Receipts paid during the Grant Period. The City shall have no duty to
calculate the Use Tax Receipts or determine Company's entitlement to any Grant for a
Grant Period, or pay any Grant during the term of this Agreement until such time as
Company has provided the City a Use Tax Certificate for such Grant Period and the City
has received the actual Use Tax Receipts from the State of Texas attributable to such
calendar months within the Grant Period. Company shall provide such additional
documentation as may be reasonably requested by City to evidence, support and establish
the use tax paid directly to the State of Texas pursuant to Company's Direct Payment
Permit. The Use Tax Certificate for each Grant Period shall at a minimum contain, include
or be accompanied by the following:
a) A copy of all Texas Direct Payment Permit and self -assessment use tax returns and
reports during the applicable Grant Period, use tax audit assessments or credits,
including amended use tax returns or reports, filed by the Company during the
Grant Period showing use tax paid directly to the State of Texas related to
Company's operations for the Grant Period: and
b) Information concerning any refund or credit received by the Company of use tax
paid by the Company which has previously been reported by the Company as use
tax paid for a previous Grant Period within the term of this agreement.
Company will provide to City the Use Tax Certificates from time to time pursuant to the
terms of the Agreement, which are confidential ("Confidential Information") and, except
as otherwise provided herein, may not be disclosed to a third party without the Company's
consent. To the extent that any disclosure of the Confidential Infonllation may be required
by law, City will use reasonable: efforts to inform Company of the request In SL1ffiClent time
for Company to assert any objection it may have to such disclosure to an appropriate
judicial or administrative body.
4.02 City I11L1St have received a Use Tax Certificate for the months ",]thin the Grant Period for
which payment of a Grant is requested, and City 111L1st have received the actual Use Tax
Receipts for all calendar months xvithin the Grant Period.
4.03 The Company intends to Issue its Texas Direct Payment Penult to speClflC suppliers or
vendors that provide large quantities of building materials or other tangible personal
property.
4.04 The Company shall provide: the City with a true; and correct copy of its Texas Direct
Payment Permit, which shall be kept In full force and effect thrOLlghOLlt the term of the
AE-Yreenlent.
4.05 Company Or the City shall not have; an L1nCLlre;d material breach or default Of tills
Agreement.
N'. General Terms
5.01 Term. The term of this Agreement will begin on the Effective Date and continue for five
5) years except as agreed to in writing by both Parties or as otherwise provided in this
Agreement.
5.02 Pavments Subject to Future Appropriation. This Agreement shall not be construed as a
commitment, issue, pled;.:e or obligation of any specific; taxes or tax revellues for payment
to the Company.
a) All payments or expenditures made by the City under this Agreement are subject
to the City's appropriation of funds for such payments or expenditures to be paid
In the blldget year for which they are made.
b) The payment(s) to be made to the Company, or other expenditures) under tills
Agreement, if paid, shall be made solely from annual appropriations of the City as
may be legally set aside for the implementation of Article III, Section 52a of the
Texas Constitution, Chapter 380 of the Texas Local Government Code, or any other
economic development or financing program authorized by statute or home -rule
powers of the City under applicable Texas law, subject to any applicable limitations
or procedural requirements.
c) In the event the City does not appropriate funds in a given fiscal year for payments
due or expenditures under this Agreement, the City shall not be liable to the
Company for such payments or expenditures unless and until appropriation of the
necessary fiends is made; provided, however, that the Company, in its sole
discretion, shall have the right, b«t not the obligation, to terminate this Agi-eernent
and shall have no obligations under this Agreement for tilt; year in which the City
does not appropriate the necessary binds.
d) To the extent there is a conflict between this Section 4.02 and any other language
or covenant in tills Agreement, this Section 4.02 shall control.
5.03 Representations and `warranties. The City represents and warrants to the Company that the
economic development program and this Agreement are within its authority, and that it is
duly authorized and empowered to establish the economic development pro`_ram and enter
into this Agreement, unless otherwise ordered by a court of competent jurisdiction. Tile
Company represents and warrants to tilt; City that it has the requisite corporate authority to
enter into this Agreement.
04 Event Of Default. If either the City Or the Company ShOUld fall In the performance of any
of its obligations under tills Agreement,, Sllcll fallul-e Or OmlSSlon to perform shall constitute
an `Event of Default" under tills Agreement. when an Event of Default occurs, the non-
defaultino, party shall pro\,jidc: the de;faultin` party with written notice of the alleged Event
of Default (pursuant to Section 3.09, below), and allow the defaulting party a minimum
period of ninety (90) calendar days after the receipt of this notice to cure SLIC11 Event of
Default, prior to tenillnatlna this A(rec111cnt, institLlting an action for breach ofcontract or
pursuing any other remedy for the event of default.
5.05 Entire Agreement. This Agreement contains the entire agreement between the Parties. All
prior negotiations, discussions, correspondence, and preliminary understandings between
the parties and others relatin,to the Parties' obligations are superseded by this Agreement.
This Agreement may only be modified, altered or revoked by Written amendment signed
by the City and the Company.
06 BIIldI la Effect. This Agreement shall be binding oil and inure to the benefit of the Parties,
their respective successors and assigns.
5.07 Assignment. Except as provided below, the Company may not assign its rights or
obligations under this Agreement to a third party Without prior Written approval of the City.
5.08 Termination.
a) Termination by the Company for convenience. In the event the Company elects not
to proceed With the Project as contemplated by this A4 reement, the Company shall
notify the City in Writing, and this Agreement and the obligations on the part of
both Parties shall be deemed terminated and of no further force or effect.
b) Termination for Cause. If either Party to this Aggreement fails to meet its obligations
under this Agreement, and the 11011-defaulting party provides notice of the Event of
Default as set forth in Section 3.04, above, and the Event of Default is not cured
within the ninety (90) calendar day cure period, this Ag1-eement may be terminated
by the non -defaulting party after expiration of the ninety (90) calendar day cure
period.
5.09 No Waiver of Immtllllty. Nothing contained in this Agreement nor the execution of this
A,reenient, or the performance of any obligation hereunder will operate to or be deemed
to waive any immunity or defense of any City trustee, officer, employee, volunteer,
representative, or agent or any Company trustee, officer, employee, volunteer,
representative, or agent May be entitled under law.
10 Notice. Any notice and "or statement required or permitted to be delivered shall be deemed
delivered by actual delivery, by facsimile wit}1 receipt of confirmation, or by depositing the
same in the United States mail, certified With return receipt requested, postage prepaid,
addressed to the appropriate party at the following addresses:
To the C»>tpm nY.
Company Ril l Name] Fk 5V-, Y,N
Attn: _
Address: .: `" —
C
lye
Email:
with a cop.v to:
CompanyFLIHName]
Attn:
Address:
Email:
To the City:
1
f- *0 ? LLC'
City of Baytown
Attn: City Manager
Address: 2401 Market Street, Baytown, TX 77520
Email: jason.reynolds(6baytown,oru
with Cl co j1 v to. -
City of Baytown
Attn: City Attorney
Address: 2401 Market Street, Baytown, TX 77520
Email: scott.lemond@baytoxvn.org
Any Such notices will be either (a) sent by certified mall, return receipt requested, Ill which
case such notice will be deemed delivered three (3) business days after the deposit thereof,
postage prepaid, in the United States mail, or (b) sent by a nationally recogllized overnivllt
courier, in which case such notice ' will be deemed delivered upon actual receipt, or (c)
delivered by hand delivery, in which case such notice will be deemed delivered upon
receipt, or (d) sent by email transmission, in which case such notice will be deemed
delivered upon actual receipt. The above address and email may be changed by written
notice to the other party; provided, however, that a notice of a change of address will not
be effective until actual receipt of such notice. Copies of notices arc for informational
purposes only, and a failure to give or receive copies of any notice will not be deemed a
failure to give notice. If any notice, letter or information herein requires "actual receipt, "
such notice, letter, or information will not be deemed received until the party entitled to
receive the same has physical possession of such notice, letter or information.
The term "business day" as used lit tills Agreement will mean a day that is not a Saturday.
Sunday, or legal holiday in Houston, Texas.
l 1 Interpretation. Each of the Parties has been represented by counsel of their choosing In the
negotiation and preparation of this Agreement. Regardless of which party prepared the
initial draft of this Agreement, this Agreement shall be interpreted as being drafted by both
Parties in conjunction with the other, nelther more sti-on(.for, nor against any party.
5.12 Applicable Law and Venue. This A4(Treement is made, and shall be construed and
interpreted, tinder the laws of the State of Texas. Venue for any dispute arising under this
Agreement shall lie in the state courts of Harris County, Texas.
5.13 Severability. In the event any provision(s) Of tills Agreement is deemed illegal, invalid or
unenforceable under present or future law(s) by a court of competent jurisdiction, it is the
intention of the Parties that the remainder of this Agreement shall not be affected. It is also
the intention of the Parties that in lieu of each clause and provision that is foLind to be
illegal, invalid or unenforceable, a provision will be substituted by written amendment to
this Agreement which is legal, valid or enforceable and similar in terms to the provision
deemed to be illegal, invalid Or unenforceable.
5.14 Para:raph Headings. The paragraph headings contained in tills Agreement are for
convenience only and will in no way enlar;(ye or limit the scope or meanings of the various
and several paragraphs.
5.15 No Third Party Beneficiaries. This Agreement is not intended to confer any riy hts,
privileges or causes of action upon any third party.
5.16 No Joint Venture. It is acknowledged and agreed by the Parties that the terms of this
Agreement are not intended to and shall not be deemed to create any partnership or joint
venture among the parties. The City, its past, current and future officers, elected officials.
employees and agents do not assume any responsibilities or liabilities to any third party in
connection with the Facility Or the design, construction or operation of any portion thereof.
5. 17 Public and Confidential Information. All records and information provided to the City and
its representatives to verify compliance with tills Agreement, including monthly and annual
reports shall be considered public information, and shall be available for public inspection,
and may be posted on the City's website wrtllout further advance', notice; to the Company.
Other information provided by or on behalf of' the Company Linder or pursuant to tills
Agreement that the; Company considers as proprietary shall be maintained as confidential
to the extent allowed by law. If proprietary financial or trade secret information is requested
Linder the Texas PLiblic Information Act (the "Act"), the City shall follow the: standards set
out in the Act and under the Texas Attorney General's procedures for such requests, and
the Company shall be responsible for defending the confidentiality of such information.
The City has the right to conduct Oil -site inspections of documents to establish compliance,
including but not limited to payroll records reflecting the names, hire dates, salaries and
number of hours compensated of all individuals in New Full -Time Jobs.
18 Limitation of Liability. In no event will either party be liable to the other party for any
indirect, special, punitive, exemplary, Incidental, or consequential damages.
5.19 COunt Eparts. This A`re:erelent may be CXCCLIte;d in several identical counterparts by the
Parties on separate counterparts, and each counterpart, when so executed and deli\'ered.
shall constitute an orlginal instrument, and all SL1C11 Separate: COLlnteIparts combined shall
constitute one (1) original agreement.
Signatures on next page
EXECUTED by the authorized representatives of the Parties on the dates indicated below.
FISH CAJIP PROPERTIES BAYTOWN INC
TEXAS
By: 5
Sinclair ampe]
President]
CITY OF BAYTOWN,
By: Cu k_ 3
J"Mrol fwt
G i ty-h1mm. r A 161ari C t`/ a a
Date: \ A\5 & , 2025 Date:
edlas to
Scott Le
1 " 12026
f 11:
City Attorney
Div rAluvamu
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I ....... . . . . . . . . .
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F.XNIRIT R
Legal Description
3.464 acres of land, more or less, being generally described as a portion of Lot 14, Block 3,
Chambers Commons, an addition to Chambers County, Texas, according to the plat recorded under
Document No. 2023-197006 of the Official Public Records of Chambers County, Texas