HomeMy WebLinkAbout145-01 RESOLUTION•
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RESOLUTION NO. 145-01
A RESOLUTION TO AUTHORIZE THE CITY ATTORNEY
TO FILE SUIT IF NECESSARY AGAINST THE OWNER OF
THE LAND AND THE MANAGER OF THE THUNDER
VALLEY SPEEDWAY AS A PUBLIC NUISANCE
WHEREAS, the Thunder Valley Speedway had been enjoined from
operation after 10:00 P.M. as a nuisance in Case Number E 22719 on September
13, 1972; and
WHEREAS, it would be difficult or impossible to enforce that old Decree
at this time; and
WHEREAS, in recent years the Thunder Valley Speedway is again
operating after 10:00 P.M. in such close proximity to residential homes in
Fayetteville as to significantly disturb Fayetteville citizens and disrupt their
activities for several hours during its operation; and
WHEREAS, the Fayetteville City Police have taken noise level readings in
late July and determined that the noise coming from the Thunder Valley
Speedway (located immediately south of the City Limits) "were far in excess of
what we would allow in Fayetteville even in an Industrial Zone." (August 9,
2001 Memo)
WHEREAS, more than 100 Fayetteville citizens have signed petitions
asserting they have been "disturbed frequently, and late at night by the stockcar
racetrack located at 301 E Willoughby Road, Fayetteville, a/k/a/ Thunder
Valley Speedway. We agree that said stockcar racetrack is a public nuisance and
that the City of Fayetteville should file a lawsuit to enjoin them as such."
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas
declares that the Thunder Valley Speedway off Willoughby Road has been
operating without proper regulation of noise and at too late an hour such that it
is a continuing public nuisance to the citizens of Fayetteville
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Res. 145-01
Section 2. That the City Council of the City of Fayetteville, Arkansas
authorizes the Fayetteville City Attorney to file an injunctive suit against the
operators of the Thunder Valley Raceway and the owners of the land upon
which this raceway operates in an attempt to reduce the noise, dust, fumes and
hours of operation of the raceway and to seek any other relief the City or citizens
of Fayetteville may be entitled to.
PASSED and APPROVED this the 16th day of October, 2001.
ATTEST:
By:
Aav5—,
Heather Woodruff, City CI
APPROVED:
NAME OF FILE -
CROSS REFERENCE:
Resolution No. 145-01
M
10/16/01
Resolution No. 145-01
10/29/01
Memo to Kit Williams, City Attorney, from Heather Woodruff, City
Clerk
NOTES:
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
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To: Kit Williams, City Attorney
From. Heather Woodruff, City Clerk
Date: October 29, 2001
Attached is a copy of Resolution No. 145-01 authorizing the City Attorney to file suit if
necessary against the owner of the land and the manager of the Thunder Valley Speedway as a
public nuisance. The original will be microfilmed and filed with the City Clerk.
cc: Nancy Smith, Internal Audit
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Cit