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Nueces County authorizes judge to sign notice on Padre Bayou deed restriction, directs outside counsel to continue talks
Summary
After an executive session, the court passed a resolution authorizing the county judge to sign a notice regarding a deed restriction at Padre Bayou Park and directed outside counsel to continue negotiations on related matters until the next court meeting.
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After an executive session on July 18, 2022, the Nueces County Commissioners Court approved a two-part action relating to a cease-and-desist demand and deed restrictions affecting Padre Bayou Park.
The court passed a resolution authorizing Nueces County Judge Barbara Canales to sign and finalize a notice regarding a deed restriction discussed during the meeting. The court also directed outside counsel to continue response and negotiation on related legal matters until the item can appear on the next commissioners-court agenda.
The judge presented the motion in open session, saying the resolution would "authorize Nueces County Judge Barbara Canales to sign and finalize the notice regarding deed restriction discussed at the Nueces County Commissioners Court meeting on July 18, 2022." The judge made a second motion directing outside counsel to continue discussions and negotiations on other matters "not addressed by this resolution" and said those matters would be placed on the court's next agenda (the date to be posted, with possible dates discussed: July 27–29).
Commissioner Chesney, appearing by Zoom, said he had voluntarily recused himself from parts of the Padre Bayou matter that he described as relating to a deed restriction but said he could participate in other aspects that are unrelated to the deed restriction. County legal staff clarified the portions of the matter that would be discussed and confirmed the court would exclude the recused portion from Commissioner Chesney's participation.
The judge publicly announced that the executive session had been held under the Open Meetings Act, chapter 551 of the Texas Government Code, citing statutory provisions for consultation with attorneys, real-property matters and related items. Upon returning to open session the court voted in favor of the judge's resolution and the direction to outside counsel; the court chair announced the motion carried with recorded ayes.
Ending: The court authorized the judge to sign the deed-restriction notice and sent remaining Padre Bayou Park legal matters back to outside counsel for negotiation ahead of the next commissioners-court agenda.

