(a) The
guidelines contained in this article are intended to create a program
for promoting economic development activity within the city and the
vicinity of the city, in accordance with Chapter 380, Texas Local
Government Code. The following guidelines are also intended to protect
the personal and property rights of city residents and businesses,
and to promote the public health, safety and welfare. The city manager
reserves the right to impose additional regulations in the interest
of public health, safety, and welfare, or if otherwise deemed appropriate
by the city manager.
(b) These
guidelines cover requests for commercial use of city-owned property
(including but not limited to streets, rights-of-way, parks, and/or
public buildings), commercial use of private property which may affect
adjacent public or private property, and the use of city equipment
and personnel in the filming of movies, television programs, commercials,
training films, and related activities.
(Ordinance O2010-07-06 adopted 7/6/10)
(a) The
city manager may authorize the use of any street, right-of-way, park,
or public building, equipment or personnel for commercial uses in
the filming or taping of movies, television programs, commercials,
or training films and related activities. In conjunction with these
uses, the city manager may require that any or all of the conditions
and/or remuneration herein and as specified on the application be
met as a prerequisite to that use.
(b) The
applicant agrees that the city shall have exclusive authority to grant
the applicant the use of public streets, rights-of-way, parks and
public buildings of the city, as well as authority to regulate the
hours of production and the general location of the production. The
city reserves the full and absolute right to prohibit all filming
or to order cessation of filming in order to promote the public health,
safety or welfare.
(c) The
applicant shall allow city departments (e.g., police, fire, building)
to inspect all structures, property, devices and equipment to be used
in connection with the filming and taping, as deemed appropriate by
the city manager.
(Ordinance O2010-07-06 adopted 7/6/10)
(a) Before
filing an application for filming in the city, the office of the city
manager must be contacted to discuss the production’s specific
filming requirements and the feasibility of filming in the city.
(b) Any
commercial producer who desires to undertake a commercial production
in the city is required to complete and return the application for
filming, attached to Ordinance O2010-07-06, to the office of the city
manager, within the time frames below:
(1) Commercials or Episodic Television.
A minimum of two
(2) business days prior to the commencement of filming or any substantial
activity related to the project.
(2) Feature Films.
A minimum of five (5) business days prior
to the commencement of filming or any substantial activity related
to the project.
(Ordinance O2010-07-06 adopted 7/6/10)
(a) An
application processing fee, shall be as found in Section 1.2002 of
this code and should accompany each application for filming in the
city.
(b) The
city manager may waive this fee upon proof of an organization’s
nonprofit status, or for any other reason deemed appropriate by the
city manager.
(Ordinance O2010-07-06 adopted 7/6/10)
(a) The
applicant shall pay for all costs of any police, fire, public works,
or other city personnel assigned to the project (whether or not specifically
requested by the production). Remuneration rates for the use of any
city equipment, including police cars and fire equipment, will be
established on a case-by-case basis as determined by the city manager.
The applicant shall pay all costs in full within ten (10) days after
receipt of an invoice for said costs. The city manager may, at his/her
discretion, require an advance deposit for all costs related to city
personnel and/or the use of city equipment.
(b) The
city manager, in consultation with the chief of public safety, shall
have the authority to stipulate additional fire or police requirements
and level of staffing for same, at any time during a film project
if it is determined to be in the best interest of public health, safety
and welfare, which cost shall be borne entirely by the applicant.
Off-duty police officers and firefighters shall be paid by the production
company at a rate no less than one and one-half times their hourly
rate.
(Ordinance O2010-07-06 adopted 7/6/10)
(a) The
city manager may authorize the use of any street, right-of-way, park
or public building, use of city name, trademark or logo and/or use
of city equipment and/or personnel for commercial uses in the production
of movies, television programs, commercials, or training films and
related activities. In conjunction with these uses, the city manager
may require that any or all of the conditions and/or remuneration
as specified herein and on the application be met as a prerequisite
to that use. A security or damage deposit may be required within the
discretion of the city manager.
(b) The
applicant shall reimburse the city for inconveniences when using public
property following the rate schedule found in Section 1.2002 of this
code.
(c) The
applicant acknowledges and agrees that the city possesses and retains
exclusive authority to grant the applicant a revocable license for
the use of this name, trademark, and logo, public streets, rights-of-way,
parks and buildings of the city as well as control over the hours
of production and general location of the production. The city reserves
the full and absolute right to prohibit all filming or to order cessation
of filming activity in order to promote the public health, safety
and/or welfare.
(Ordinance O2010-07-06 adopted 7/6/10)
The applicant shall provide a report listing the number of vehicles
and types of equipment to be used during the filming, including proposed
hours of use and proposed parking locations. Such locations will need
to be specifically approved by the city manager. On-street parking
or use of public parking lots is subject to city approval. The use
of exterior lighting, power generators or any other noise- or light-producing
equipment requires on-site approval of the city manager.
(Ordinance O2010-07-06 adopted 7/6/10)
Unless express written permission has been obtained from the
city manager in advance and affected property owners, tenants and
residents have been notified, filming will be limited to the following
hours: Monday through Friday, 7:00 a.m. to 9:00 p.m., and Saturday,
Sunday and holidays, 8:00 a.m. to 8:00 p.m.
(Ordinance O2010-07-06 adopted 7/6/10)
The applicant shall provide a short written description, approved
by the city manager, of the schedule for the proposed production to
the owners, tenants and residents of each property in the affected
neighborhood(s). The applicant, or his designee, shall use their best
efforts to notify each owner, tenant and resident of all such property,
and shall submit, as part of the application, a report noting each
owner, tenant or resident’s comments, along with their signatures,
addresses and phone numbers. Based upon this community feedback, and
other appropriate factors considered by the city manager, the city
manager may grant or deny the filming application.
(Ordinance O2010-07-06 adopted 7/6/10)
The applicant shall attach a valid certificate of insurance,
issued by a company authorized to conduct business in the state, naming
the city and its agents, officers, elected officials, employees and
assigns, as additional insured, in an amount of not less than $1,000,000
general liability, including bodily injury and property damage with
a $5,000,000 umbrella; and automobile liability (if applicable) in
an amount not less than $1,000,000 including bodily injury and property
damage.
(Ordinance O2010-07-06 adopted 7/6/10)
The applicant shall pay in full, within ten (10) days of receipt
of an invoice, the costs of repair for any and all damage to public
or private property, resulting from or in connection with, the production,
and restore the property to its original condition prior to the production,
or to better than original condition.
(Ordinance O2010-07-06 adopted 7/6/10)
The applicant shall sign the hold harmless agreement, on file
in the office of the city secretary, holding the city harmless from
any claim that may arise from their use of designated public property,
right-of-way, or equipment in conjunction with the permitted use.
(Ordinance O2010-07-06 adopted 7/6/10)