(a) 
The following guidelines are intended to protect the personal and property rights of city residents and businesses. The city administrator 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 adopted 10/5/09(2), sec. 2; 1989 Code, sec. 15-150; Ordinance adopting 2016 Code)
(a) 
The city administrator 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 administrator 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.
(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. 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 administrator.
(Ordinance adopted 10/5/09(2), sec. 2; 1989 Code, sec. 15-151; Ordinance adopting 2016 Code)
(a) 
Before filing an application for filming in the city, the office of the city administrator 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 commercial filming (section 4.06.013) to the office of the city administrator, 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 adopted 10/5/09(2), sec. 2; 1989 Code, sec. 15-152; Ordinance adopting 2016 Code)
An application processing fee as established in appendix A to this code should accompany each application for filming in the city. The city administrator may waive this fee upon proof of an organization’s nonprofit status, or for any other reason deemed necessary.
(Ordinance adopted 10/5/09(2), sec. 2; 1989 Code, sec. 15-153; Ordinance adopting 2016 Code)
(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 administrator. The applicant will agree to pay in full, promptly upon receipt of an invoice, the charges incurred. The city administrator may, at his or her discretion, require an advance deposit for the use of the equipment.
(b) 
The city administrator, in consultation with the chief of police or his/her designee 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 (1-1/2) their hourly rate based on their rank.
(Ordinance adopted 10/5/09(2), sec. 2; 1989 Code, sec. 15-154; Ordinance adopting 2016 Code)
(a) 
The city administrator 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 administrator 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. The rate schedule is set forth in the fee schedule in appendix A to this code.
(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 adopted 10/5/09(2), sec. 2; 1989 Code, sec. 15-155; Ordinance adopting 2016 Code)
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 administrator.
(Ordinance adopted 10/5/09(2), sec. 2; 1989 Code, sec. 15-156; Ordinance adopting 2016 Code)
Unless permission has been obtained from the city administrator 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 adopted 10/5/09(2), sec. 2; 1989 Code, sec. 15-157; Ordinance adopting 2016 Code)
The applicant shall provide a short written description, approved by the city administrator, 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 administrator). 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 each owner’s, tenant’s or resident’s comments, along with their signatures, addresses and phone numbers. Based upon this community feedback, the city administrator may grant or deny the filming application.
(Ordinance adopted 10/5/09(2), sec. 2; 1989 Code, sec. 15-158; Ordinance adopting 2016 Code)
The producer shall attach a certificate of insurance, naming the city as an additional insured, in an amount not less than one million dollars ($1,000,000.00) general liability, including bodily injury and property damage with a five million dollars ($5,000,000.00) umbrella, and automobile liability (if applicable) in an amount not less than one million dollars ($1,000,000.00) including bodily injury and property damage.
(Ordinance adopted 10/5/09(2), sec. 2; 1989 Code, sec. 15-159)
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 adopted 10/5/09(2), sec. 2; 1989 Code, sec. 15-160)
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 Schulenburg, TX, and that I and my firm will indemnify and hold harmless the City of Schulenburg, 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 Schulenburg on behalf of the firm.
Signed:
Title:
Date:
(Ordinance adopted 10/5/09(2), sec. 2; 1989 Code, sec. 15-161)
The following application for commercial filming must be completed and returned to the office of the city administrator within the time frame outlined in section 4.06.003 of this article:
THE CITY OF SCHULENBURG, TX
Application for Commercial Filming
Title of project: ____________
Type of production:
Commercial _______
Feature Film _______
Television _______
Training Film _______
Public Service _______
Other _______
Location of filming:
Date(s) of filming:
CONTACTS
Production Office:
Name:
Address:
Phone:
Fax:
Producer:
Name:
Address:
Phone:
Fax:
Location Manager:
Name:
Address:
Phone:
Fax:
Texas Film Commission Representative: _______
PRODUCTION (Attach additional sheets if necessary)
1.
Production schedule and activities to include stunts, pyrotechnics, special effects, aerial photography, amplified sound or use of animals: (Give dates and times and rain dates. Hours should include set-up, holding of sets and restoration.)
2.
Number of persons involved with the production, including cast and crew.
3.
Anticipated need of city personnel, equipment or property.
4.
Describe any areas in which public access will be restricted during production.
5.
Describe alterations to property.
6.
Number and type of production vehicles to be used and location(s) where vehicles will be parked.
7.
Location where crew will be fed, if not at production location.
8.
Location where extras will be held, if not at production location.
9.
Map of anticipated street closure(s) or other public area use.
Application completed by:
Name/title: __________________ Date: _____________________
Approved by: _________________ Date: _____________________
The “Guidelines for Filming in Schulenburg, Texas” apply to all filming activities, and the Office of the City Administrator may require the applicant to acknowledge receipt of the guidelines prior to approving this application.
(Ordinance adopted 10/5/09(2), sec. 2; 1989 Code, sec. 15-162; Ordinance adopting 2016 Code)