CITY OF FAIRFIELD
RESOLUTION NO. 2025-47
DECLARING INTENTION TO LEVY AN ASSESSMENT AGAINST BUSINESSES WITHIN THE NORTH TEXAS STREET BUSINESS IMPROVEMENT DISTRICT FOR CALENDAR YEAR 2025 AND SETTING A
TIME AND PLACE FOR HEARING OBJECTIONS THERETO
WHEREAS, the Parking and Business Improvement Area Law of 1989 (Law), California Streets and Highways Code Sections 36500, et seq., authorizes the City Council to levy an assessment against businesses within a parking and business improvement area, in addition to any assessments, fees, charges, or taxes imposed in the city; and
WHEREAS, by Resolution 2000 -280, the council appointed the North Texas Street Business Association to serve as the Advisory Board (Advisory Board) for the North Texas Street Business Improvement District (District); and
WHEREAS, the boundaries of the District are generally described to include all properties abutting North Texas Street and Texas Street between Clay Street to the south and Nelson Road to the north as well as c ertain properties abutting these core properties. A map showing the boundaries of the District and properties which are included in the District is on file in the City Clerk’s Office and is open to public inspection; and
WHEREAS, in accordance with Section 36533 of the Law, the Advisory Board prepared and filed with the City Clerk’s Office a report entitled, “North Texas Street Business Improvement District Advisory Report for 2024 and Proposed Budget for Calendar Year 2025” (Report), and by previous resolution, the council preliminarily approved the Report as filed. Said Report is on file in the City Clerk’s Office and is open to public inspection.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. The council hereby declare s its intention, in addition to any assessments, fees, charges or taxes imposed by the City, to levy and collect an assessment against businesses within the District for calendar year 202 5 (commencing January 1, 202 5, and ending December 31, 2025).
Section 2. The council hereby declares that, as provided by Law, the types of improvements and activities to be funded by the levy of an assessment against businesses within the District are as follows:
(a) The acquisition, construction, installation, or maintenance of tangible property with a useful life of five years or more, including, but not limited to, the following:
benches
RES. NO. 2025-47
trash receptacles
decorations
permanent landscaping
(b) Promotion of public events which benefits businesses in the Distri ct and which takes place within public places within the District;
(c) Furnishing of music in any public place in the District; and (d) Activities that benefit businesses located and operating in the District.
Section 3. New businesses established in the District after January 1, 2025, shall be exempt from the levy of the assessment for calendar year 2025.
Section 4. The council hereby fixes the time and place for a public hearing on the proposed levy of an assessment against businesses within the District for calendar year 2025 as follows:
TIME: 6:00 p.m.
DATE: Tuesday, April 1, 2025
PLACE: City Council Chamber, 1000 Webster Street, Fairfield, CA
At the public hearing, the testimony of all interested persons regarding the levy of an assessment against businesses within the District for calendar year 202 5 shall be heard. A protest may be made orally or in writing by any interested person.
Any protest pertaining to the regularity or sufficiency of the proceedings must be in writing and shall clearly set forth the irregularity or defect to which the objection is made.
Every written protest must be filed with the City Clerk’s Office at or before the time fixed for the public hearing. The council may waive any irregularity in the form or content of any wri tten protest and at the public hearing may correct minor defects in the proceedings. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing.
Each written protest must contain a description of the business in which the person subscribing the protest is interested sufficient to identify the business and, if a person subscribing is not shown on the official records of the City as the owner of the business, the protest shall contain or be accompanied by written evidence that the person subscribing is the owner of the business.
A written protest, which does not comply with the requirements set forth in this paragraph, will not be counted in determining a majority protest (as defined below).
If, at the conclusion of the public hearing, written protests are received from the owners of businesses in the District which will pay 50 % or more of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protests to less than that 50% (i.e., there is a RES. NO. 2025-47
majority protest), no further proceedings to levy the proposed assessment, as contained in this resolution of intention, shall be taken for a period of one year from the date of the finding of a majority protest by the council.
If the majority protest is only against the furnishing of a specified type or types of improvement or activity within the District, those types of improvements or activities shall be eliminated.
Section 5. For a full and detailed description of the improvements and activit ies to be provided for calendar year 202 5, the boundaries of the District, and the proposed assessments to be levied against the businesses within the District for calendar year 2025, reference is hereby made to the Report of the Advisory Board. The Report is on file with the City Clerk’ s Office and open to public inspection.
Section 6. The city clerk is hereby authorized and directed to provide notice of the public hearing in accordance with law.
PASSED AND ADOPTED this 18th day of March 2025, by the following vote:
AYES: MEMBERS: MOY/BERTANI/CARR/PANDURO/SANDHU/TONNESEN/WILLIAMS NOES: MEMBERS: _________________________________________________ ABSENT: MEMBERS: _________________________________________________ ABSTAIN: MEMBERS: _________________________________________________
_________________________________________________
MAYOR
ATTEST:
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CITY CLERK