A. Building means any structure used or intended for supporting or sheltering any use or occupancy.

B. Eligible costs means the City’s capitalized costs for completion of an improvement project, including costs for capitalized tenant improvements. Eligible costs do not include costs for: design and engineering, administration, fees and permits, building demolition, relocation of tenants, environmental testing, environmental remediation, nonconstruction contingency or indirect costs, such as interest during construction, advertising and legal fees. When an improvement project involves the acquisition of real property, costs attributable to land acquisition are not eligible costs, while costs attributable to improvements on the real property are eligible costs.

C. Eligible funds means the City of Bend’s monetary contribution to an improvement project including bonded indebtedness proceeds unless those proceeds are not eligible as follows. The following are not eligible funds: private development revenue, Federal and State grants that preclude public art as an object for expenditure, local improvement district revenue, water operating fund revenue, water construction fund revenue, sewer systems operating fund revenue, sewer systems construction fund revenue and revenue from any other funding source subject to legal restrictions which preclude public art as an object for expenditure. Improvement projects exclude projects funded by systems development charges.

D. Improvement project means any project paid for wholly or in part by the City of Bend in which the City’s contribution of eligible funds equals $50,000 or more for the construction, rehabilitation, remodeling, improvement or purchase for a public use of any building, structure or parking facility or any portion.

E. Parking facility means any area provided for public parking that is controlled through parking management by the City of Bend, including the Bend Centennial Parking Plaza, surface parking lots, on-street parking spaces, and areas controlled through issuance of parking permits.

F. Public art means original artwork which is accessible to the public and/or public employees, and which has been approved as public art by the Regional Arts Council, acting on behalf of the City of Bend.

G. Regional Arts Council means the organization recognized by the State of Oregon that serves the Bend community.

H. Structure means that which is built or constructed.

I. Selection panel means a group responsible for reviewing proposed public art and making recommendations to the Regional Arts Council on the selection of public art. [Ord. NS-2051, 2007]