City of Bastrop and city seal.

Ordinance 2008 - 28

ORDINANCE NO. 2008 - 28


AN ORDINANCE REPEALING 2008 CODE, ARTICLE 4.08 "COMMERCIAL FILM MAKING" AND REPLACING IT WITH ARTICLE 4.08.01 "COMMERCIAL FILM MAKING"; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the City of Bastrop, Texas is a Home Rule municipality incorporated and operating under the Laws of the State of Texas; and

WHEREAS, the City of Bastrop passed an Ordinance regarding regulations and procedures of commercial filming in Bastrop to ensure public safety and minimize citizen and City inconvenience.

WHEREAS, with the increase in commercial film making in the City of Bastrop, the City finds it necessary to repeal and replace the existing Ordinance to further the goals of the community related to protecting the personal and property rights of the citizens, as well as enhancing the public's health, safety and welfare.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BASTROP, TEXAS:

Part 1: That the Commercial Film Making Ordinance of the City of Bastrop is hereby repealed and replaced, as set forth herein, which shall hereafter read as follows:
Sec. 4.08.01

  1. Purpose and Intent

The City Council hereby declares that as a matter of public policy additional guidelines regarding commercial filming in the City of Bastrop are needed to protect the personal and property rights of the City and its residents. This act is intended to establish regulations regarding requests for commercial use of City-owned property, including streets, right-of-ways, parks, public areas, and public buildings, as well as the commercial use of private property which may affect adjacent public or private property, equipment and/or personnel in the filming of movies, TV shows, commercials and/or related activities.

  1. City Control/Authority of City Manager

1) The City Manager may authorize the use of any City street, right-of-way, park, public area, public building, equipment or personnel for commercial use in the filming, taping, or production of any Film Project, including but not limited to movies, television, commercials, or training films.

  1. In conjunction with the production of any Film Project, the City Manager may require that one or all of the conditions and/or remunerations provided on the Application for a Film Permit, (see Exhibit A) be satisfied as a prerequisite to use of City streets, right-of- ways, parks, public areas, public buildings and/or equipment or personnel.
  2. The City of Bastrop, by and through the City Manager, shall have full control over the general location., hours, and use of public streets, buildings, equipment and personnel while being used for filming, taping, or production purposes.
  3. The City of Bastrop, by and through the City Manager, shall have the full and absolute right to prohibit and/or order the cessation of filming, taping and/or the production of any project if such acts are determined to be detrimental to the public health, safety and welfare.
  4. The City Manager may require any City department, including but not limited to the Police, Fire, Utility, and Building departments, to inspect any structure, device, mechanism, and/or equipment arising out of or related to a Film Project.

6) The City Manager shall retain final approval authority over all aspects of commercial film-related activity in Bastrop, Texas and may, at his sole discretion, impose additional regulations under this Chapter for the protection of public safety and welfare.

C. Permit Required

  1. Persons or entities wishing to use City of Bastrop owned property, equipment and/or personnel, or private property which may affect adjacent public or private property, in any commercial Film Project, including but not limited to movies, TV shows or commercials, are required to apply for and obtain a film permit in accordance with the requirements stated herein.
  2. Prior to filing an application for a permit to film in Bastrop, Texas, the prospective applicant shall contact the "Film Friendly Liaison", located at the office of the Bastrop Economic Development Corporation, to discuss the requirements of the production and the feasibility of filming in the City of Bastrop.

D. Application

1) Time to File:
An application for commercial filming in the City of Bastrop is available from the Film Friendly Liaison, and must be returned to same upon completion within the time limits stated herein below.

a. 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.

b. Feature films: a minimum of five (5) business days prior to the commencement of filming or any substantial activity related to the project

    1. Application Requirements: Contacts including Production Office, Producer & Location Manager; Production Information; and Hold Harmless Agreement.
    2. A new Application is required for every project/production.

4) Fees:

  1. A non-refundable $50.00 application processing fee must accompany each application to the Film Friendly Liaison for filming in Bastrop, Texas.
  2. The City Manager may waive the $50.00 application fee upon proof of an organization's non-profit status, or for any other reason deemed necessary.

E. Use of City Equipment and Personnel

  1. Rate:

The applicant shall pay all cost and expense arising out of or related to the use of City personnel, including but not limited to Police, Fire, Building, and Public Works, assigned to the Film Project by the City Manager, whether specifically requested or desired by the producer or not. Remuneration rates for the use of any City equipment, including police squad cars and fire equipment, shall be established on a case-by-case bases as determined by the City Manager.

  1. Deposit Required:

The City Manager, at his sole discretion, may require a deposit prior to the commencement of a Film Project related to the proposed use of any City equipment or personnel. This deposit will be held in the office of the City Secretary and will be released upon satisfactory completion of project, as determined by City Manager.

3) City Personnel — Fire/Police

The City Manager, in consultation with the Chief of Police or Fire Chief shall have the authority to stipulate additional police or fire personnel 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 a rate as determined by the Chief of Police or Fire Chief, and as approved by the City Manager.

F. Use of City Property

1) General:

The City Manager may authorize the use of any City of Bastrop street, right-of-way, park, public area, public building, name, trademark, logo, equipment and/or personnel for any commercial Film Project, including but not limited to the filming or taping of movies, television programs, commercials or training films. In conjunction with these uses, the City Manager may require that one or all of the conditions or remuneration specified on the Filming Application, be met as a prerequisite to use. A security or damage deposit may be required based on projected production activity.

  1. Fees:

The Applicant shall reimburse the City for the use of City Property depending on the extent of the disruption to the City and its residents. The City Manager in consultation with appropriate City offices will determine the extent of disruption. The standard rate schedule is provided below. Other special fees may apply on a case-by-case basis, at the discretion of the City Manager.

Text Box: Activity Cost (per Calendar Day) Total disruptive use during regular operating hours of a public building, park, right-of-way, or public area. $500 Partial non-disruptive use of a public building, park, right-of-way, or public area. $250 Total Closure or obstruction of a public street or right-of-way for filming purposes, including parking lots and on-street parking. $50 per block Partial closure or obstruction of a public street or right-of-way for filming purposes, including parking lots and on-street parking. $25 per block Use of City parking lots, parking areas, and City Streets for the purpose of parking film trailers, buses, catering trucks, and/or other large vehicles. $50 per block or lot



 

 

 

 

 

 

 

  1. City Control:

The City, by and through the City Manager, shall have full and absolute control over the use of the City of Bastrop's name, trademark and logo, public streets, parks, and buildings throughout any Film Project, as well as the hours of production and the general location of production. The City, by and through the City Manager, shall have the full and absolute right to prohibit all filming or to order the cessation of filming if determined to be harmful to the public's health, safety or welfare.

G. Special Equipment and Vehicles 1) Vehicles:

The Application for a Film Permit shall provide a complete listing of the number and type of vehicles and equipment to be used during filming, as well as the vehicles and equipment's proposed hours of use and parking locations, which shall be specifically approved by the City Manager. This includes the use of on-street parking or public parking lots, which shall also be controlled and approved by the City Manager.

2) Special Equipment:
The use of exterior lighting, power generators, or any other noise or light producing equipment requires on-site approval of the City Manager.

  1. Hours of Filming

Unless permission has been obtained from the City Manager in advance of the commencement of production, and affected property owners notified, filming shall be limited to Monday — Friday 7:00 a.m. to 9:00 p.m. and Saturday, Sunday and Holidays from 8:00 a.m. to 8:00 p.m.

  1. Notification of Affected Property Owners

The Applicant shall provide a short written description, approved by the City Manager, of the proposed production schedule to the owners 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 talk with the owners, residents and tenants of all such property and submit as part of the Application a report containing the signature, address, telephone number of each owner, resident, or tenant, as well as the owner, resident's, or tenant's reaction to the filming.

  1. Certificate of Insurance

The Applicant shall attach to the Application for a Film Permit a certificate of insurance naming the City of Bastrop, Texas as an additional insured in an amount not less than 1 million dollars ($1,000,000.00) in general liability, including bodily injury and property damage, with a 5 million ($5,000,000.00) umbrella. Automobile liability, if applicable, shall also be included in an amount not less than 1 million ($1,000,000.00), including bodily injury and property damage.

  1. Liability

The Applicant shall pay in full, within 30 days of receipt of an invoice, the costs of repair for any and all damage to public or private property resulting from, in connection with, or arising out of the Film Project, or restore the property to the same or better condition as prior to the commencement of production.

K. Hold Harmless Agreement

The Applicant and the Producer, if different individuals, shall agree in writing to hold the City harmless from any and all claims, whether for injury to person or property, that are related to or may arise out of the production of any Film Project in Bastrop, Texas.

Part 2: This ordinance shall repeal any of such other ordinances related to commercial filming, as well as provisions that may be inconsistent or in conflict with the provisions of any other ordinance of the Bastrop Code of Ordinance, in which event such conflicting provisions, if any, are superseded.

Part 3: If any provision of this ordinance or application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable.

Part 5: The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest.
This ordinance shall become effective and be in full force and effect in accordance with the provisions of the Charter of the City of Bastrop.

PASSED AND APPROVED ON FIRST READING ON THIS 8th DAY OF JULY 2008.
PASSED AND APPROVED ON SECOND.

APPROVED:

Terry Orr, Mayor
Terry Orr,
Mayor

 ATTEST:
City Secretary's signature, Teresa Valdez.
Teresa Valdez
City Secretary

Guidelines for Filming in Bastrop, Texas

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