(a) 
The following guidelines are intended to protect the personal and property rights of our city residents and businesses. The city manager reserves the right to impose additional regulations in the interest of public safety if deemed necessary.
(b) 
These guidelines cover requests for commercial use of city-owned property (streets, rights-of-way, parks, 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, TV shows, commercials, and related activities.
(Ordinance 2010-13 adopted 6/22/10)
(a) 
The city manager may authorize the use of any street, right-of-way, 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 as specified on the application as shown in exhibit A, attached to Ordinance 2010-13, be met as a prerequisite to that use.
(b) 
The applicant agrees that the city shall have full control over the use of public streets and buildings of the city while being used, 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 if determined to be detrimental to the public health, safety and welfare.
(c) 
The applicant shall agree to allow the respective city departments (i.e., police, fire, building) to inspect all structures and/or devices and equipment to be used in connection with the filming and taping if required by the city manager.
(Ordinance 2010-13 adopted 6/22/10)
(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 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 2010-13 adopted 6/22/10)
(a) 
An application processing fee of $25.00 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 necessary.
(Ordinance 2010-13 adopted 6/22/10)
(a) 
The applicant will agree to pay for the costs of any police, fire, public works, or other city personnel assigned to the project (whether specifically requested by the production or not). 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 will agree to pay in full, promptly upon receipt of an invoice, the charges incurred. The city manager may, at his/her discretion, require an advance deposit for the use of the 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 safety, health and welfare, which cost shall be borne 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 their hourly rate based on their rank.
(Ordinance 2010-13 adopted 6/22/10)
(a) 
The city manager may authorize the use of any street, right-of-way, or public building, use of the 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 on the application be met as a prerequisite to that use. A security or damage deposit may be required based on production activity.
(b) 
Depending upon the extent of the use of city property, the applicant agrees to reimburse the city for inconveniences when using public property. Following is the rate schedule:
Activity
Cost (per Calendar Day)
Total or disruptive use (regular operating hours) of a public building, park, right-of-way, or public area
$500.00
Partial nondisruptive use of a public building, park, right-of-way, or public area
$250.00
Total closure or obstruction of public street or right-of-way, including parking lots and on-street parking (for filming purposes)
$50.00 per block
Partial closure or obstruction of public street or right-of-way, including parking lots and on-street parking (for filming purposes)
$25.00 per block
Use of city parking lots, parking areas, and city streets (for the purpose of parking film trailers, buses, catering trucks, and other large vehicles)
$50.00 per block or lot
(c) 
The applicant agrees that the city shall have full control over the use of its name, trademark, logo, public streets and buildings of the city while any are being used, 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 if it is determined to be hazardous to the public health, safety and welfare.
(Ordinance 2010-13 adopted 6/22/10)
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 so as to maintain traffic safety. 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. Any catering service or food preparation is subject to city inspection and approval.
(Ordinance 2010-13 adopted 6/22/10)
Unless 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 2010-13 adopted 6/22/10)
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 (as defined by boundaries set by the city manager). 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 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, the city manager may grant or deny the filming application.
(Ordinance 2010-13 adopted 6/22/10)
The producer shall attach a certificate of insurance, naming the city as an additional insured, in an amount 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 2010-13 adopted 6/22/10)
The applicant agrees to pay in full, promptly upon 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 2010-13 adopted 6/22/10)
The producer 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 Midlothian, TX, and that I and my firm will indemnify and hold harmless the City of Midlothian, TX for and from any loss, damage, expense, claims and costs of every nature and kind arising out of or in connection with the filming/taping pursuant to this permit.
I further certify that the information provided on this application is true and correct to the best of my knowledge, and that I hold the authority to sign this and other contracts and agreements with the City of Midlothian on behalf of the firm.
Signed: __________
Title: __________
Date:__________
(Ordinance 2010-13 adopted 6/22/10)