HomeMy WebLinkAbout3260 Removing Section 2.29.020(P) to Reduce Redundancy ORDINANCE NO. 3260
AN ORDINANCE REMOVING SECTION 2.29.020(P) TO REDUCE REDUNDANCY
Annotated to show deletions and additions to the Ashland Municipal Code sections being
modified. Deletions are held-tiethrough, and additions are bold underlined.
WHEREAS,Article 2. Section 1 of the Ashland City Charter provides:
Powers of the fLty.. The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and,in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. 2.29.020 Definitions
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
$25,000.00 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$25,000.00 as a City project under this
chapter, by either vote of the Council or inclusion in the contract solicitation documents prepared
by the responsible contracting officer.
ORDINANCE NO. 3260 Page 1 of 3
F. "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.
G. "Commission"means the Ashland Public Arts Commission created by AMC 2.17.010,
consisting of seven (7)members appointed by the Mayor and confirmed by the Council.
H. "Eligible funds"means a source of finds for projects from which art is not precluded as an
object of expenditure.
I. "Participating department"means the department that is subject to this chapter by its
sponsorship of a City project.
J. "Percent for art"means the program established by this chapter to set aside a percentage of
the total cost of city projects for public art.
K. "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.
L. "Public art account"means the City of Ashland public art account in the City budget
established by this chapter 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 chapter.
M. "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.
N. "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.
O. "TLT funds"means the portion of transient lodging tax funds allocated for public art.
P. "Gommer-eial development fee"means foods deposited by a eemmer-elal developer-into
project and—f-e-flow the public art pr-eeess for-aA acquisMen and approval.
Q P. "Total cost"means the entire amount of the City's financial contribution toward
construction and maintenance of a project.
SECTION 2. Severability. Each section of this ordinance, and any part thereof, is severable,
and if any part of this ordinance is held invalid by a court of competent jurisdiction, the
remainder of this ordinance shall remain in full force and effect.
ORDINANCE NO. 3260 Page 2 of 3
SECTION 3. Codiflcation. Provisions of this Ordinance shall be incorporated in the City Code
and the word"ordinance"may be changed to "code", "article", "section', "chapter"or another
word, and the sections of this Ordinance may be renumbered, or re-lettered,provided however
that any Whereas clauses and boilerplate provisions (i.e. Sections 3-5)need not be codified and
the City Recorder is authorized to correct any cross-references and any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X, Section
2(C) of the City Charter on the day of , 2025, and duly
PASSED and ADOPTED this day of ,2025.
PASSED by the City Council this day of Pf,& , 2025.
ATTEST: A� � A ,�k
is tMoMilziWski, City Recorder
SIGNED and APPROVED this day of DPL& elyl" , 2025.
a'
&4t—
Tonya Gi aham, Mayor
Reviewed as to form:
'A 0441
Carmel Zahran,Assist t City Attorney
ORDINANCE NO. 3260 Page 3 of 3