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HomeMy WebLinkAbout11-24-08-2k - Resolution - 11/24/2008RESOLUTION NO. 11- 24 -08 -2k A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, IN SUPPORT OF THE CITY'S ECONOMIC DEVELOPMENT EFFORTS TO BECOME CERTIFIED BY THE STATE OF TEXAS FILM COMMISSION AS A "FILM FRIENDLY TEXAS" COMMUNITY AND APPROVING THE CITY'S GUIDELINES FOR COMMERCIAL FILMING. WHEREAS, the City of College Station, Texas, has many unique assets that distinguish the community as a favorable location for various media projects; and WHEREAS, a goal of the City of College Station, Texas, is to provide opportunity for economic development and increase the overall exposure of the community; and WHEREAS, the State of Texas Film Commission requires interested municipalities to adopt Guidelines for Filming in order to become a "Film Friendly Texas" community; and WHEREAS, the City of College Station, Texas, recognizes the economic benefit to the community to be gained from encouraging the use of the City for commercial filming and taping of movies, television programs, commercials, training films and related activities; and WHEREAS, the City of College Station, Texas, desires to encourage commercial filmin and taping of movies, television programs, commercials, training films and related activities within the City; and WHEREAS, the purpose of the Guidelines for Commercial Filming, attached hereto as Exhibit A, is to set out a process to be followed for approval to film or tape movies, television programs, commercials, training films and related activities, using City -owned property, personnel and equipment; and WHEREAS, the City Council of the City of College Station, Texas, has reviewed the City's Guidelines for Commercial Filming; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City Council hereby approves the City's Guidelines for Commercial Filming, attached hereto as Exhibit A, as required to be considered for "Film Friendly Texas" certification by the State of Texas Film Commission. PART 2: That the City of College Station, Texas, supports promoting the community for various media projects. PART 3: That this resolution shall take effect immediately from and after its passage. ADOPTED this 24th day of November , A.D. 2008. ATTEST: APPROVED: City Secretary Mayor Resolution No. 11- 24 -08 -2k APPROVED: City Attorney Resolution No. 11- 24 -08 -2k EXHIBIT A Guidelines for Commercial Filming Resolution No. 11- 24 -08 -2k RN CITY OF COLLEGE STATION Resolution No. 11- 24 -08 -2k CONTENTS I.PURPOSE II. CITY CONTROL /CITY MANAGER AUTHORITY III. PERMIT REQUIREMENTS IV. FEES V. USE OF CITY EQUIPMENTL VI. USE OF CITY PERSONNELY VII. USE OF CITY PROPERTY OTHER THAN EQUIPMENT VIII. SPECIAL EQUIPMENT AND VEHICLES IX. TRAFFIC ROUTING X. HOURS OF FILMING XI. NOTIFICATION OF NEIGHBORS XII. CERTIFICATE OF INSURANCE XIII. HOLD HARMLESS AGREEMENT XIV. LIABILITY Resolution No. 11- 24 -08 -2k ( *�� Guidelines for Commercial Filmin I. PURPOSE The following guidelines are intended to protect the personal and property rights of the residents and businesses of College Station. The City Manager, or his /her designee, reserves the right to impose additional requirements in the interest of public health, safety and welfare if deemed necessary. These guidelines cover requests for commercial use of City -owned property (streets, right -of -ways, and public buildings), equipment and personnel in the filming or taping of movies, television programs, training films, commercials, and related activities. If the filming or taping of movies, television programs, training films, commercials and related activities includes a parade or special event as defined in the City of College Station Code of Ordinances, or if any provision of the Code of Ordinances otherwise applies, the requirements of the Code of Ordinances must be met. In the event of a conflict between these Guidelines and the Code of Ordinances, the requirements of the Code of Ordinances will control. II. CITY CONTROL /CITY MANAGER AUTHORITY The City Manager, or his /her designee, 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, or his /her designee, 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. The City of College Station 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 taping or to order cessation of filming or taping if the City determines such filming or taping to be detrimental to public health, safety and welfare. City departments (i.e., Police, Fire, Building) shall have access to all structures and /or devices and equipment to be used in connection with the filming or taping if required by the City Manager, or his /her designee. III. PERMIT REQUIREMENTS Before filing an application for a permit to film or tape a movie, television program, training film, commercial and related activities in College Station, the Department of Economic and Community Development must be contacted to discuss the production's specific filming or taping requirements and the feasibility of filming or taping in the community. Any commercial producer who desires to undertake a commercial film or tape production in the City of College Station is required to complete and return the attached application for filming to the Department of Economic and Community Development within the following: • For commercials or episodic television a minimum of two (2) business days prior to the commencement of filming or taping or any substantial activity related to the project. • For feature films and training films a minimum of five (5) business days prior to the commencement of filming or taping or any substantial activity related to the project. IV. FEES An application processing fee of $25 must accompany each application for filming or taping in the City of College Station. The City Manager, or his /her designee, may waive this fee for not - for - profit organizations. V. USE OF CITY EQUIPMENT The applicant will pay for the costs of any City equipment assigned to the project (whether specifically requested by the applicant or not). Fees for the use of any City equipment, including Police squad cars and fire equipment, will be established by the City Manager in a fee schedule. A security deposit may be required. The applicant shall pay in full, promptly upon receipt of an invoice, the charges incurred. Resolution No. 11- 24 -08 -2k ( *�� Guidelines for Commercial Filming VI. USE OF CITY PERSONNEL The applicant will pay for the costs of any Police, Fire, Public Works, or other City personnel assigned to the project (whether specifically requested by the applicant or not). The City Manager, or his /her designee, has the authority to require additional City personnel assigned to the project if it is determined to be in the interest of public safety, health and welfare. Fees for the use of any City personnel will be established by the City Manager in a fee schedule. The applicant shall pay in full, promptly upon receipt of an invoice, the charges incurred. VIII. USE OF CITY PROPERTY OTHER THAN EQUIPMENT The City Manager, or his /her designee, may authorize the use of any street, right -of -way, or public building, or use of the College Station, Texas name, trademark or logo, for commercial uses in the filming or taping of movies, television programs, commercials, or training films and related activities. Fees for the use of any City property other than equipment will be established by the City Manager in a fee schedule. A security or damage deposit may be required based on production activity. The applicant shall pay in full, promptly upon receipt of an invoice, the charges incurred. Depending upon the extent of the use of City property, the applicant shall reimburse the City according to the following rate schedule: A. Total or disruptive use (regular operating hours) per day of a public building: B. Partial or non - disruptive use of a public building C. Total closure of public street or right -of -way (including parking lots and on- street parking): D. Partial closure or obstruction of public street or right -of -way (including parking lots and on- street parking): E. Use of City parking lots, parking areas, and City streets (for the purpose of parking film trailers, buses, catering trucks and other large vehicles $500 per day $250 per day $50 per day $25 per day $50 per day / per block or lot The applicant agrees that the City of College Station shall have full control over the use of the name, trademark and logo, public streets, right -of -ways 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 taping or to order cessation of filming or taping if the City determines such to be hazardous to the public health, safety and welfare. VIII. SPECIAL EQUIPMENT AND VEHICLES The applicant shall provide a report listing the number of vehicles and types of equipment to be used during the filming or taping including their proposed hours of use and their 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. Resolution No. 11- 24 -08 -2k (*- � Guidelines for Commercial Filming IX. TRAFFIC ROUTING The applicant shall coordinate a Traffic Routing Plan with Traffic Operations, Police and Fire Departments for all proposed productions that may affect a public roadway. The Traffic Routing Plan will specifically address the planning and safe, efficient and environmentally compatible operation of traffic around the production site. The Traffic Routing Plan must be approved by the City Manager, or his /her designee. X. HOURS OF FILMING/TAPING Unless permission has been obtained from the City in advance and affected property owners are notified, filming or taping will be limited to the following hours: Monday thru Friday 7:00 a.m. to 9:00 p.m. and Saturday, Sunday and holidays 8:00 a.m. to 8:00 p.m. XI. NOTIFICATION OF NEIGHBORS The applicant shall provide a short written description to be approved by the City Manager, or his /her designee, of the schedule for the proposed production to the owners and residents of each property in the affected neighborhood (as defined by boundaries set by the City Manager, or his /her designee). The applicant, or his /her designee, shall communicate with owners and residents of all such property and submit as part of this application a report noting any owner or resident's comments along with the address and phone numbers of all such property owners and residents and their signatures. XII. CERTIFICATE OF INSURANCE The applicant shall attach a certificate of insurance, naming the City of College Station as an additional insured, in an amount not less than $1,000,000 general liability, including bodily injury and property damage with a $5 million umbrella; and automobile liability (if applicable) in an amount not less than $1,000,000 including bodily injury and property damage. XIII. HOLD HARMLESS AGREEMENT The applicant shall sign the following Hold Harmless Agreement holding the City of College Station 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: 1 certify that I represent the firm which will be performing the filming /taping at the locations specified on the attached permit application. 1 further certify that I and my firm will perform in accordance with the directions and specifications of the City of College Station, Texas, and that 1 and my firm will indemnify and hold harmless The City of College Station, Texas 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. Signed: Title: Date: County of , State of I, , certify that signed the above statement in my presence on 1 20 Resolution No. 11- 24 -08 -2k Guidelines for Commercial Filming Seal: Notary Public XIV. LIABILITY 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 condition as found prior to the production. 4