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The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:

City” means the City of Olathe, Kansas.

Development incentives” means:

(1) The issuance of industrial revenue bonds and real property tax abatement under City Council Policy F-5 when the City issues such bonds;

(2) The creation of a transportation development district (“TDD”) under City Council Policy F-6 when the Governing Body authorizes the reimbursement of TDD-eligible expenditures within such TDD;

(3) The creation of a tax increment financing (“TIF”) district under City Council Policy F-7 when the Governing Body adopts a TIF project plan related to such district; or

(4) The creation of a community improvement district (“CID”) under City Council Policy F-9 when the Governing Body authorizes the reimbursement of CID-eligible expenditures within such CID.

City project” means any capital improvement project of the City with a project budget over One Million Dollars ($1,000,000.00) (including architectural and engineering fees, site work and contingency allowances, but excluding land acquisition costs) which is bid, constructed, and accepted as complete by the City which meets the following criteria:

(1) The project is for a new or a major renovation of a City park or park facility.

(2) The project is for new City trail construction. Trail funds may be pooled to commission public art at key locations along the trail system.

(3) The project is a City building, facility or other vertical construction that:

(a) is purpose-built for community use, or

(b) is in a highly-visible location.

(4) The project is for transportation infrastructure that:

(a) is pedestrian-oriented,

(b) is at a gateway location to the City,

(c) is at a gateway location to downtown Olathe,

(d) includes a significant median or roundabout intended for traffic-calming or beautification purposes, or

(e) provides an opportunity to partner with Kansas Department of Transportation (KDOT), Johnson County, private developers, businesses or other institutions to commission a project of great community interest.

(5) The project is for utility infrastructure that provides an opportunity to enhance or educate about the City’s water resources.

A City project does not include:

(1) Construction of or repair to underground utilities (e.g., water or sewer lines);

(2) The addition of traffic lanes or geometric improvements at intersections;

(3) Street or sidewalk repair or reconstruction;

(4) Property acquisition;

(5) Equipment or vehicles;

(6) Streetlight replacement or conversions; or

(7) Traffic signals.

Governing Body” means the Governing Body of the City.

Public art” means artwork on real property owned by the City and/or real property freely available to view by the general public. Public art includes elements of a public place that are designed by a professional artist or artist team. Public art can be permanent, temporary or functional. Public art can be stand-alone or integrated into the architecture, landscape or infrastructure such as public buildings, bridges and parks. Public art can be the sole creation of the artist or it may result from a design team approach in which artists work on project teams with architects, engineers, landscape architects and others to design and create public places.

Public Art Program” means the program approved by the Governing Body of the City designed to foster the commissioning, acquisition, presentation and preservation of permanent and temporary public art; act as a steward of the City’s public art collection; and engage the public in the collection.

Reconstruction” means alterations or repairs made to a commercial or municipal structure within any twelve (12) month period, which alterations or repairs exceed fifty percent (50%) of the value of the existing structure.

Work of art or artwork” means an aesthetic creation of permanent or temporary medium or combination of media resulting from the skill and creativity of an artist or artists. (Ord. 17-16 § 2, 2017.)