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A. “Acquisition” means the inclusion of an artwork in the Ashland Public Art Collection by any means including direct purchase, commission or acceptance of a gift.

B. “Artwork” means visual works of public art as defined herein.

C. “Ashland Public Art Collection” means all public art acquired by the City by any means.

D. “Capital improvement program (CIP)” means the City’s program for advance planning of capital improvements.

E. “City project” or “project” means any capital improvement project in an amount over $25,000 paid for wholly or in part by the City of Ashland to purchase or construct any public building, decorative or commemorative public structure, sidewalk, or multi-use pathway construction, park facility construction, or any portion thereof, within the limits of the City of Ashland. “City project” or “project” does not include public utility improvements, (e.g. electric, water, sewer, or storm water), LID improvements, including but not limited to streets, sidewalks and associated improvements, property acquisition, earth work, emergency work, minor alterations, rehabilitation, minor or partial replacement, remodeling or ordinary repair or maintenance necessary to preserve a facility. Notwithstanding the above limitation, the Council or responsible contracting officer may include any new city street or utility project (limited to water, sewer and storm water projects) in an amount over $25,000 as a city project under this article, by either vote of the Council or inclusion in the contract solicitation documents prepared by the responsible contracting officer.

F. “Commission” means the Ashland Public Arts Commission created by AMC 2.17.010, consisting of seven members appointed by the mayor and confirmed by the Council.

G. “Eligible funds” means a source of funds for projects from which art is not precluded as an object of expenditure.

H. “Participating department” means the department that is subject to this article by its sponsorship of a city project.

I. “Percent for art” means the program established by this article to set aside a percentage of the total cost of city projects for public art.

J. “Public art” means all forms of original works of art in any media that has been planned and executed with the specified intention of being sited or staged on City Property or on property owned or controlled by the City of Ashland, usually outside and accessible to the public.

K. “Public art account” means the City of Ashland public art account in the City budget established by this article into which all moneys donated, appropriated or derived pursuant to the percent for art program shall be deposited. Funds within the public art account shall be utilized for the purposes outlined in this article.

L. “Removal” means the exclusion of an artwork from the Ashland public art collection by the removal and disposal through any available means, such as relinquishing title through sale, gift or destruction.

M. “Selection Panel” means a group of individuals selected by the Commission that will evaluate the proposals associated with a particular project in a public meeting.

N. “TOT Funds” means the portion of transient occupancy tax funds allocated for public art.

O. “Commercial Development Fee” means funds deposited by a commercial developer into the Public Art account when the developer prefers not to incorporate public art into the project and follow the public art process for art acquisition and approval.

P. “Total cost” means the entire amount of the City’s financial contribution toward construction and maintenance of a project. (Ord. 3003, added, 02/18/2010)