(a) The guidelines
contained in this policy are intended to create a program for promoting
economic development activity within the city and the vicinity of
the city. The following guidelines are also intended to protect the
personal and property rights of 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 all types of motion-picture production, including,
but not limited to, feature films, television programs, commercials,
music videos and corporate films.
(Ordinance 2016-5 adopted 3/8/16)
(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 2016-5 adopted 3/8/16)
(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 attached application for filming
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 2016-5 adopted 3/8/16)
(a) An application
processing fee as stated in the master rate and fee schedule 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 2021-24 adopted 9/9/21)
(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 police and/or fire chief,
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.
(c) 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 2016-5 adopted 3/8/16)
(a) The city
manager may authorize the use of any street, right-of-way, park or
public building, use of the city name, trademark or logo and/or use
of city equipment and/or personnel for commercial uses in motion-picture
production. 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.
(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
its 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 the 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 2021-24 adopted 9/9/21)
(a) 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.
(b) The use
of exterior lighting, power generators, or any other noise- or light-producing
equipment requires on-site approval of the city manager.
(Ordinance 2016-5 adopted 3/8/16)
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:
(1) Monday
through Friday: 7:00 a.m. to 9:00 p.m.
(2) Saturday,
Sunday and holidays: 8:00 a.m. to 8:00 p.m.
(Ordinance 2016-5 adopted 3/8/16)
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 or her designee, shall make
a good faith effort to notify each owner, tenant and resident of all
such property, and shall submit, as part of this application, a report
noting owners, tenants and/or residents’ 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 2016-5 adopted 3/8/16)
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 not less than $1,000,000.00
general liability, including bodily injury and property damage with
a $5,000,000.00 umbrella; and automobile liability (if applicable)
in an amount not less than $1,000,000.00 including bodily injury and
property damage.
(Ordinance 2016-5 adopted 3/8/16)
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 2016-5 adopted 3/8/16)
The applicant shall sign the following hold harmless agreement
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:
I certify that I represent the firm which will be performing
the filming/taping at the locations specified on the attached permit
application. I further certify that I and my firm will perform in
accordance with the directions and specifications of The City of Gonzales,
Texas, and that I and my firm will indemnify and hold harmless the
City of Gonzales, Texas and its elected officials, officers, servants,
employees, successors, agents, departments and assigns from any and
all losses, damages, expenses, costs and/or claims of every nature
and kind arising out of or in connection with the filming/taping and
other related activities engaged in pursuant to this application.
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I further certify that the information provided on this
application is true and correct to the best of my knowledge, and that
I possess the authority to sign this and other contracts and agreements
with the City of Gonzales, Texas on behalf of the firm.
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Signed: __________
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Title: __________
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Date: __________
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(Ordinance 2016-5 adopted 3/8/16)