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HomeMy WebLinkAboutORD 23-071ORDINANCE NO, 23-071 ENTITLED AN ORDINANCE TO SET GUIDELINES FOR THE FILM FRIENDLY DESIGNATION PROCESS. BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT the guidelines of the Film Friendly designation process be and the same is hereby to read as follows: Guidelines for Filming in Beaumont, Texas 1. PURPOSE The Guidelines contained herein are intended to create a program for promoting economic development activity within the City of Beaumont and surrounding areas. The following Guidelines are also intended to protect the personal and property rights of Beaumont, Texas residents and businesses, and to promote public health, safety and welfare. The City Manager or their designee reserves the right to impose additional regulations in the interest of public health, safety and welfare, or if otherwise deemed appropriate by the City Manager or their designee. These Guidelines cover requests for commercial use of City -owned property (including but not limited to streets, rights -of -way, parks, and/or public buildings), commercial use of private property which may affect adjacent public or private property, and the use of City equipment and personnel in all types of motion picture production, including, but not limited to, feature films, television programs, commercials, music videos and corporate films. ll. CITY CONTROLICITY MANAGER OR DESIGNEE AUTHORITY The City Manager or their designee may authorize the use of any street, right-of-way, park, 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 their designee may require that any or all of the conditions and/or remuneration herein and as specified on the application be met as a prerequisite to that use. The Applicant agrees that the City shall have exclusive authority to grant the Applicant the use of public streets, rights -of - way, parks and public buildings of the City, as well as authority to regulate 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 in order to promote public health, safety or welfare. The Applicant shall allow City departments to inspect all structures, property, devices and equipment to be used in connection with the filming and taping, as deemed appropriate by the City Manager or their designee. III. PERMIT REQUIREMENTS Before filing an application for filming in Beaumont, the Special Events Coordination Team must be contacted to discuss the production's specific filming requirements and the feasibility of filming within the City. Any commercial producer who desires to undertake a commercial production within the City is required to complete and return an application for filming to the Special Events Coordination Team, within the time frames below: Commercials or episodic television: a minimum of fifteen (15) business days prior to the commencement of filming or any substantial activity related to the project. Feature films: a minimum of fifteen (15) business days prior to the commencement of filming or any substantial activity related to the project. • Road closure: a minimum of ten (10) business days prior to the commencement of filming or any substantial activity related to the project that requires public street closures. Law Enforcement Personnel: a minimum of fifteen (15) business days prior to the commencement of filming or any substantial activity related to the project that includes law enforcement personnel. City Equipment: a minimum of ten (10) business days prior to the commencement of filming or any substantial activity related to the project that includes City equipment. IV. APPLICATON FEE An application processing fee of $25.00 should accompany each application for filming within the City. The City Manager or their designee may waive this fee upon proof of an organization's non-profit status or for any other reason deemed appropriate by the City Manager or their designee. V. USE OF CITY EQUIPMENT AND PERSONNEL The Applicant shall pay for all costs of any Police, Fire, Public Works, or other City personnel assigned to the project, whether or not specifically requested by the production. 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 or their designee. All permit and facility fees require advance payment upon receipt of approval confirmation. The City Manager or their designee may, at their discretion, require an advance deposit for all costs related to City personnel and/or the use of City equipment. The City Manager or their designee, in consultation with the Chief of Police and/or Fire Chief, shall have the authority to stipulate Fire or Police requirements and level of staffing, at any time during a film project if it is determined to be in the best interest of public health, safety and/or welfare, which cost shall be borne entirely by the Applicant. The City shall be reimbursed the full cost of police officers, firefighters, and any other City personnel. VI. USE OF CITY -OWNED REAL ESTATE The City Manager or their designee may authorize the use of any street, right-of-way, park or public building, use of the Beaumont, Texas name, trademark or logo and/or use of City equipment and/or personnel for commercial uses in motion picture production. In conjunction with these uses, the City Manager or their designee may require that any or all of the conditions and/or remuneration as specified herein and on the application be met as a prerequisite to that use. A security or damage deposit may be required within the discretion of the City Manager or their designee. The Applicant shall 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, $500 right-of-way, or public area Partial, non -disruptive use of a public building, park, right-of-way, or $250 public area otal closure or obstruction of public street or right-of-way, including arking lots and on -street parking rtial closure or obstruction of public street or right-of-way, including rking lots and on -street parking a of City parking lots, parking areas, and City streets (for the purpose I $5a parking film trailers, buses, catering trucks, and other large vehicles The Applicant acknowledges and agrees that the City possesses and retains exclusive authority to grant the Applicant a revocable license for the use of its name, trademark, and logo, public streets, rights -of -way, parks and buildings of the City 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 in order to promote public health, safety andlor welfare. The Applicant is responsible for and must provide professional cleaning and/or sanitation services upon completion of work, if the City requests such cleaning and/or sanitation services at any time. Upon such a request by the City, the Applicant must obtain approval from the City of the Applicant's arrangements for cleaning and/or sanitation services, which will not be unreasonably withheld. The City may require such approval before use of the City - owned property for Production Activity begins. VII. VEHICLES AND EQUIPMENT 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 Manager or their designee. 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 or their designee. The use of drones is subject to the Applicant being in compliance with current FAA regulations governing their use. VIII. HOURS OF FILMING Unless express written permission has been obtained from the City Manager or their designee 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. 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 or their designee, of the schedule for the proposed production to the owners, tenants and residents of each property in the affected neighborhood(s). The Applicant, or their 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 owners, tenants and/or residents' comments, along with their signatures, addresses and phone numbers. X. CERTIFICATE OF INSURANCE The Applicant shall attach a valid certificate of insurance, issued by a company authorized to conduct business in the state of Texas, naming the City and its agents, officers, elected officials, employees, and assigns, as 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. DAMAGE TO PUBLIC OR PRIVATE PROPERTY The Applicant shall pay in full, within ten (10) days of 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 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. That this ordinance shall be effective from and after September 19, 2023. PASSED BY THE CITY COUNCIL. of the City of Beaumont this the 19th day of September, 2023. - Mayor Roy West - BEAUN T Post Office 3827 7704 Beaumont, Texas as 77704 409-838-3435 T E X A S Guidelines for Filming in Beaumont, Texas I. Purpose I I. City Control/City Manager or Designee Authority 111. Permit Requirements IV. Application Fee V. Use of City Equipment and Personnel VI. Use of City -Owned Real Estate VII. Vehicles and Equipment VIII. Hours of Filming IX, Notification of Neighbors X. Certificate of Insurance XI. Damage to Public or Private Property XII. Hold Harmless Agreement 1 Guidelines for Filming in Beaumont, Texas I.PURPOSE The Guidelines contained in this policy are intended to create a program for promoting economic development activity within Beaumont and the vicinity of the City. The following Guidelines are also intended to protect the personal and property rights of Beaumont, Texas residents and businesses, and to promote the public health, safely and welfare. The City Manager or Designee reserves the right to impose additional regulations in the interest of public health, safety and welfare, or if otherwise deemed appropriate by the City Manager or Designee. These Guidelines cover requests for commercial use of City -owned property (including but not limited to streets, rights -of -way, parks, and/or public buildings), commercial use of private property which may affect adjacent public or private property, and the use of City equipment and personnel in all types of motion picture production, including, but not limited to, feature films, television programs, commercials, music videos and corporate films. 11. CITY CONTROL/CITY MANAGER OR DESIGNEE AUTHORITY The City Manager or Designee may authorize the use of any street, right-of-way, park, 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 Designee may require that any or all of the conditions and/or remuneration herein and as specified on the application be met as a prerequisite to that use. The Applicant agrees that the City of Beaumont shall have exclusive authority to grant the Applicant the use of public streets, rights-ef-way, parks and public buildings of the City, as well as authority to regulate 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 In order to promote the public health, safety or welfare. The Applicant shall allow City departments (e,g., Police, Flre, Building) to inspect all structures, property, devices and equipment to be used in connection with the filming and taping, as deemed appropriate by the City Manager or Designee. 111. PERMIT REQUIREMENTS Before filing an application for filming In Beaumont, the Special Events Coordination Team must be contacted to discuss the production's specific filming requirements and the feasibility of filming In Beaumont, TX. Any commercial producer who desires to undertake a commercial production In Beaumont Is required to complete and return the attached application for filming to the Special Events Coordination Team, within the time frames below: • Commercials or episodic television: a minimum of fifteen (15) business days prior to the commencement of filming or any substantial activity related to the project. . Feature films; a minimum of fifteen (16) business days prior to the commencement of filming or any substantial activity related to the project. • Road closure: a minimum of ten (10) business days prior to the commencement of filming or any substantial activity related to the project that requires public street closures. • Law Enforcement Personnel: a minimum of fifteen (15) business days prior to the commencement of filming or any substantial activity related to the project that Includes law enforcement personnel. . City Equipment: a minimum of ten (10) business days prior to the commencement of filming or any substantial activity related to the project that Includes city equipment. 2 IV. APPLICATON FEE An application processing fee of $25.00 should accompany each application for filming In Beaumont, The City Manager or Designee may waive this fee upon proof of an organization's non-profit status or for any other reason deemed appropriate by the City Manager or Designee, V. USE OF CITY EQUIPMENT AND PERSONNEL The Applicant shall pay for all costs of any Police, Fire, Public Works, or other City personnel assigned to the project (whether or not specifically requested by the production.) 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 or Designee. All permit and facility fees require advance payment upon receipt of approval confirmation. The City Manager or Designee may, at his/her discretion, require an advance deposit for all costs related City personnel and/or the use of City equipment, The City Manager or Designee, in consultation with the Chief of Police and/or Fire Chief, shall have the authority to stipulate fire or police requirements and level of staffing, at any time during a film project If it is determined to be In the best interest of public health, safety and/or welfare, which cost shall be borne entirely by the Applicant. The city shall be reimbursed the full cost of police officers, firefighters, and any other personnel, VI. USE OF CITY -OWNED REAL ESTATE The City Manager or Designee may authorize the use of any street, right-of-way, park or public building, use of Beaumont, Texas name, trademark or logo and/or use of City equipment and/or personnel for commercial uses In motion picture production. In conjunction with these uses, the City Manager or Deslgnee may require that any or all of the conditions and/or remuneration as specified herein and on the application be met as a prerequisite to that use. A security or damage deposit may be required within the discretion of the City Manager or Designee. The Applicant shall reimburse the City for inconveniences when using public property. Following Is the rate schedule: Activity Cost percalendar day: Total or disruptive use (regular operating hours) of a public building, park, $500 right-of-way, or public 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 parking lots and on -street parking Partial closure or obstruction of public street or right-of-way, including $25 parking lots and on -street parking Use of City parking lots, parking areas, and City streets (for the purpose $50 of parking film trailers, buses, catering trucks, and other large vehicles) The Applicant acknowledges and agrees that the City of Beaumont, Texas, possesses and retains exclusive authority to grant the Applicant a revocable license for the use of its name, trademark, and logo, public streets, rights -of -way, parks and buildings of the City 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 In order to promote the public health, safety and/or welfare. In order to leave the City -owned property in as good condition as when received, the Applicant is responsible for and must provide professional cleaning and/or sanitation services upon completion of work, If the City requests such cleaning and/or sanitation services at any time. Upon such a request by the City, the Applicant must obtain approval from the City of the Applicant's arrangements for cleaning and/or sanitation services (which will not be unreasonably withheld.) The City may require such approval before use of the City -owned property for Production Activity begins. Vil. VEHICLES AND EQUIPMENT 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 Manager or Designee. On -street parking or use of public parking lots is subject to City approval. The use of exterior Ilghting, power generators, or any other noise- or light -producing equipment requires on -site approval of the City Manager or Designee. The use of drones Is subject to the Applicant being in compliance with current FAA regulations governing their use. Vlll. HOURS OF FILMING Unless express written permission has been obtained from the City Manager or Designee 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 0:00 p.m. 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 or Designee, of the schedule for the proposed production to the owners, tenants and residents of each property In the affected neighborhood(s). 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 owners, tenants and/or residents' comments, along with their signatures, addresses and phone numbers. Based upon this community feedback, and other appropriate factors considered by the City Manager or Designee, the City Manager or Designee may grant or deny the filming application. X. CERTIFICATE OF INSURANCE The Applicant shall attach a valid certificate of Insurance, Issued by a company authorized to conduct business In the state of Texas, naming the City of Beaumont and Its agents, officers, elected officals, employees and assigns, as additional Insured, in an amount not less than $1,000,000 general liability, including bodily Injury and property damage with a $6,000,000 umbrella; and automobile I€ability (if applicable) In an amount not less than $1,000,000 Including bodily Injury and property damage. XI. DAMAGE TO PUBLIC OR PRIVATE PROPERTY The Applicant shall pay In full, wlthln ten (10) days of 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 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: 4 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 l and my firm will perform in accordance with the directions and specifications of The City of Beaumont, Texas, and that I and my firm will indemnify and hold harmless the City of Beaumont, Texas and Its elected and appointed officials, officers, servants, employees, legal representatives, successors, agents, departments and assigns from any and all losses, damages, expenses, costs, liability, delays, injury and/or claims of every nature and f(lnd arising out of or In connection with the f lmingllaping and other related activities engaged in pursuant to this Application, ! further certify that the information provided on this Application is true and correct to the best of my knowledge, and that l possess the authority to sign this and other contracts and agreements with the City of Beaumont Texas on behalf of the firm. Signature Printed Name Title Date 5 11L T E X A S NOTIFICATION OF PROPOSED FILMING PERMIT AND SIGN OFF REQUEST Beaumont, TX requires that all property owners / residents whose property is adjacent to the filming activity must be notified and provided with a map of the area, which indicates all impacts to the area. The notification must indicate by signature, whether the property owner / resident approves or disapproves of the proposed closure. Name of Film: Film Company: Permit Application Name: Applicant Contact Information: Film Preparation information:_ If the applicant intends to use right of way for preparation prior to the film activity, that information is included here. Dates and Times: Streets Affected: Description of Activity: Film Activity Information: Dates and Times: Streets Affected: Description of Activity: PROPERTY OWNER / RESIDENT Please fill out this section completely as this information is used by City of Beaumont, Texas to determine whether or not the filming activities indicated above will be approved or denied. ❑ APPROVE ❑ DISAPPROVE (Print Name and Title) (Print Address) ❑ RESIDENCE ❑ BUSINESS (Choose one) Comments: RECEIVED MAP: ❑ YES ❑ NO (Signature) (Phone Number) Name of Business: