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Res 099-2009 7/21/2009 . " '. RESOLUTION NO. qa �� Resolution Adopting Guidelines For Filming In Wichita Falls, Texas WHEREAS, the Convention and Visitors Bureau wishes to increase its marketing efforts to the film industry by completion of the Film Friendly Texas Certification Program offered by the Texas Film Commission, and the final step required for completion of the Film Friendly Texas Certification Program is the City Council's adoption of guidelines for filming. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The attached Guidelines for Filming in Wichita Falls, Texas, are hereby approved. PASSED AND APPROVED this the 21st day of Jul 009 MAYORPROTEM ATTEST: i Clerk Guidelines for Filming in Wichita Falls, Texas I. Purpose II. City Council/City Manager Authority III. Permit Requirements IV. Fees V. Use of City Equipment and Personnel VI. Use of City Property VII. Special Equipment and Vehicles VIII. Hours of Filming IX. Notification of Neighbors X. Certificate of Insurance XI. Liability XII. Hold Harmless Agreement Guidelines for Filming in Wichita Falls, Texas I. PURPOSE The following guidelines are intended to protect the personal and property rights of Wichita Falls' residents and businesses. The City Manager reserves the right to impose additional regulations in the interest of public safety if deemed necessary. These guidelines cover requests for commercial occupation of City-owned property (streets, right-of-ways, parks, public buildings) and the use of City equipment and personnel in the filming of movies, TV shows, commercials, and related activities. II. CITY CONTROL/CITY MANAGER AUTHORITY The City Manager may authorize the occupation 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 be met as a prerequisite to that use. The applicant agrees that the City of Wichita Falls ("City") shall have full control over the occupation of public streets and buildings of the City while being used, as well as control over the hours of such occupation. The City reserves the full and absolute right to prohibit all occupation of City property 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, Public Works) to inspect all structures and/or devices and equipment to be used in connection with the occupation of City property if required by the City Manager. III. PERMIT REQUIREMENTS Before filing an Application for Occupation of City Property for Filming in Wichita Falls, the applicant must contact the City Manager to discuss the production's specific filming requirements and the feasibility of filming in Wichita Falls. Any commercial producer who desires to occupy City property for film production in Wichita Falls is required to complete and return the attached Application for Occupation of City Property for Filming to the City Manager, within the time frames below: • Commercials or episodic television: a minimum of 2 business days prior to the commencement of filming or any substantial activity related to the project. • Feature films: a minimum of 5 business days prior to the commencement of filming or any substantial activity related to the project. IV. FEES An application processing fee of $25.00 should accompany each Application for Occupation of City Property for Filming in Wichita Falls. The City Manager has the right to waive this fee upon proof of an organization's non-profit status or for any other reason deemed necessary. V. USE OF CITY EQUIPMENT AND PERSONNEL 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. 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 will not be compelled to provide services for the production, and will be paid in accordance with a rate negotiated between them and the filming applicant(s) or other entities involved therein. VI. USE OF CITY PROPERTY The City Manager may authorize the use of any street, right-of-way, or public building, use of Wichita Falls' name, trademark or logo and/or the 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. 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 a basic rate schedule, but the City Manager may increase or decrease the rates to account for special conditions or encourage productions. Activity Cost per Calendar Day Total or disruptive use (during regular operating hours) of a public building, $500 ark, ri ht-of-wa , or ublic area Partial non-disruptive use of a public building, park, right-of-way, or $250 public area Total closure or obstruction of public street or right-of-way, including �50 per block parking lots and on-street parking (for filming purposes) Partial closure or obstruction of public street or right-of-way, including $25 per block arkin lots and on-street arkin for filmin ur oses Use of City parking lots, parking areas, and City streets (for the $50 per block purpose of parking film trailers, buses, catering trucks, and other or lot lar e vehicles The applicant will agree that the City of Wichita Falls will have full control over the use of its name, trademarks, and logos, as well as control over the hours of production and the general location of the production during the occupation of public property. The City will reserve the full and absolute right to prohibit all occupation of City property or to order cessation of filming activity that is occupying City property if it is determined to be hazardous to the public health, safety and welfare. VII. SPECIAL EQUIPMENT AND VEHICLES The applicant will 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. VIII. HOURS OF FILMING Unless permission has been obtained from the City Manager in advance and affected property owners, tenants and residents have been notified, the occupation of City property will be limited to the following hours: Monday through Friday, 7:00 a.m. to 10:00 p.m., and Saturday, Sunday and holidays, 8:00 a.m. to 8:00 p.m. IX. NOTIFICATION OF NEIGHBORS 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 will 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, 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. X. CERTIFICATE OF INSURANCE The applicant shall attach a certificate of insurance, naming the City of Wichita Falls, TX 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. XI. LIABILITY The applicant shall agree 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. XII. HOLD HARMLESS AGREEMENT The applicant shall sign an indemnity agreement holding the City harmless for any claim that may arise from its use of designated public property, right-of-way, or equipment in a form approved by the City Attorney. THE CITY OF WICHITA FALLS, TX Application for Occupation of City Property for 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 additiona/ 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 case 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 Wichita Falls, Texas" apply to all filming acfivities, and the Office of the City Manager may require the applicant to acknowledge receipt of the guidelines prior to approving this a lication.