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11-10-1986 (City Council) Minutes 3 7 CALLED CITY COUNCIL MEETING - MINUTES NOVEMBER 10, 1986 8:00 P. M. The Wylie City Council were to meet in a called session on Monday, November 10 , 1986 at 8 :00 P . M. in the Wylie Community Room. Notice of the meeting had been posted for the time and in the manner required by law. Those present were Mayor Pro Tem Joe Fulgham, City Manager Gus Pappas, City Secretary Carolyn Jones, City Attorney Larry Jackson, the Wylie News and approximately 40 citizens. Those absent were Councilwoman Sandra Donovan, Councilman Chuck Trimble and Councilman Cal Westerhof . Mayor Pro Tem Fulgham said obviously there is not a quorum and there will be no meeting tonight. Mayor Pro Tem Fulgham stated to the citizens that were present that on Monday, Nov . 3rd, Councilwoman Donovan notified the City Secretary of her request for a public hearing, which she wanted on November 18th. Mayor Pro Tem Fulgham said he called Councilman Westerhof on Tuesday about setting the date for the public hearing on Monday, November 10th at 8 : 00 P. M. , and Councilman Westerhof agreed. I begin to try and contact Councilman Trimble, and was told each time he was out of the office. Mayor Pro Tem Fulgham said he left a message on Mr . Trimble' s home recorder and never received a return call from Mr . Trimble. Mayor Pro Tem Fulgham said he then called Mr . Larry Jackson and that he only needed a majority of the three council members for this meeting to be called for November 10th. Mayor Pro Tem Fulgham said he also talked with Mr. Don Hughes about making this meeting. Mr. Trimble finally called me on Thursday, and he said Monday, November 10th was ok by him for this public hearing. Letters and agenda ' s went out informing the council members of what I had attempted to do to put together a public hearing for Nov. 10 , 1986. Tonight just as I was getting out of my car, Mr . Donovan gave me the following letter : Nov. 10, 1986 "Dear Mayor Pro Tem Fulgham: We the undersigned council members have each received a letter stating a public hearing is set for November 10th at 8 :00 P. M. to consider the recall petition. We have been advised that the law required council to set the date for such a public hearing . Since we three represent the only remaining members of the city council we cannot understand why we were not asked as a council to call a public hearing. None of us are willing to participate in a possibly illegal meeting 38 and we are hereby notifying you that we have no intention of attending a public hearing until the entire council receives proper notice under the Texas Open Meetings Law of a council meeting for the purpose of selecting a date and calling a public hearing. For your information the date of November 18th at 7 : 00 P. M. is acceptable for all of us to hold a public hearing . Sincerely, Place 1 Chuck Trimble Place 2 Cal Westerhof Place 6 Sandra Donovan" This letter is in the same manner in which I called this meeting tonight. Having the public hearing on November 18th, will make the election day Dec. 20th. Larry Jackson, City Attorney, said this will postpone the election until sometime after the December 6th election. The remarks in the letter about this being illegal is not true. This is a legal meeting. Since there was not a quorum, the citizens were told there would be no meeting. -- . ( Lt)E lro Tem ATTEST : 41' Te P5 arol Jo s, ity Secretary