HomeMy WebLinkAboutPO 6444: FILMING IN THE CITY OF PORT ARTHUR P.O. No. 6444
03/13/2015 gt
ORDINANCE NO.
AN ORDINANCE ADOPTING GUIDELINES FOR FILMING
IN THE CITY OF PORT ARTHUR AND BECOMING A
CERTIFIED "FILM FRIENDLY CITY" (REQUESTED BY
MAYOR PRO TEM FREEMAN)
WHEREAS, the City Council wishes to become certified as a
"Film Friendly City" ; and
WHEREAS, it is necessary to adopt filming guidelines in order
to become a "Film Friendly City" ; and
WHEREAS, it is in the best interest of the City of Port Arthur
that the Guidelines for Filming in the City of Port Arthur, Texas,
be adopted, in substantially the same form as attached hereto as
Exhibit "A" .
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR:
THAT, the facts and opinions in the preamble are true and
correct .
THAT, the Guidelines for Filming in the City of Port Arthur,
Texas, are hereby adopted, in substantially the same form as
attached hereto as Exhibit "A" .
THAT, a copy of the caption of this Ordinance be spread upon
the Minutes of the City Council .
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READ, ADOPTED AND APPROVED THIS day of March, 2015, at
a Regular Meeting of the City Council of the City of Port Arthur,
Texas, by the following vote : AYES :
Mayor:
Councilmembers : ;
NOES : .
Deloris "Bobbie" Prince,
Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVED AS TO FORM:
I deGoor
Val Tizeno, CitysPttorney
APPROVED FOR AD', rSTRATION:
AO
APPBrian M Do City Manager
r
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EXHIBIT "A"
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Guidelines for Filming in Port Arthur, TX
I. Purpose
II. City Control/City Manager Authority
III. Permit Requirements and Fees
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
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Guidelines for Filming in Port Arthur, Texas
I. PURPOSE
The Guidelines contained in this policy are intended to create a program for promoting economic development
activity within Port Arthur and the vicinity of the City. The following Guidelines are also intended to protect the
personal and property rights of Port Arthur, Texas residents and businesses, and to promote the public
health, safety and welfare.The City Manager 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.
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.
II. CITY CONTROL/CITY MANAGER AUTHORITY
The City Manager 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 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 Port Arthur 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 the public health, safety or welfare.
The Applicant shall allow City departments (e.g., Police, Fire, 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.
III. PERMIT REQUIREMENTS
Before filing an application for filming in Port Arthur, the Office of the City Manager must be contacted to
discuss the production's specific filming requirements and the feasibility of filming in Port Arthur, TX.
Any commercial producer who desires to undertake a commercial production in Port Arthur is required to
complete and return the attached application for filming to the Office of the City Manager, within the time
frames below:
• 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.
• Feature films: a minimum of five (5) business days prior to the commencement of filming or any
substantial activity related to the project.
IV. APPLICATON FEE
An application processing fee of$25.00 should accompany each application for filming in Port Arthur.
The City Manager may waive this fee upon proof of an organization's non-profit status or for any other reason
deemed appropriate by the City Manager.
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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. The Applicant shall pay all costs in full within ten (10)days after receipt of an
invoice for said costs. The City Manager 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, 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 health, safety and welfare,which cost shall be borne entirely
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 times their hourly rate.
VI. USE OF CITY-OWNED REAL ESTATE
The City Manager may authorize the use of any street, right-of-way, park or public building, use of Port
Arthur,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 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.
The Applicant shall reimburse the City for inconveniences when using public property. Following is the rate
schedule:
Activity Cost per calendar day
maximum of_hours/day
Total or disruptive use(regular operating hours)of a public building, park, $500 per day
right-of-way, or public area
Partial, non-disruptive use of a public building, park, right-of-way, or public $250 per day
area
Total closure or obstruction of public street or right-of-way, including $50 per block, per day
parking lots and on-street parking
Partial closure or obstruction of public street or right-of-way, including $25 per block, per day
parking lots and on-street parking
Use of City parking lots, parking areas, and City streets(for the purpose of $50 per block or lot, per day
parking film trailers, buses, catering trucks, and other large vehicles)
The Applicant acknowledges and agrees that the City of Port Arthur,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.
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. On-street parking or use of public parking lots is subject to City
approval.
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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 express written permission has been obtained from the City Manager 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, 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, the City Manager 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 Port Arthur 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:
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 Port Arthur, Texas, and that I and my firm will indemnify and hold harmless
the City of Port Arthur, Texas and its elected officials, officers, servants, employees, successors, agents,
departments and assigns from any and all losses, damages, expenses, costs and/or claims of every nature
and kind arising out of or in connection with the filming/taping and other related activities engaged in pursuant
to this Application.
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I further certify that the information provided on this Application is true and correct to the best of my
knowledge, and that I possess the authority to sign this and other contracts and agreements with the City of
Port Arthur, Texas on behalf of the firm.
Signed:
Title:
Date:
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THE CITY OF PORT ARTHUR, TX
Application for Commercial Filming
Title of project
Type of production (feature film, television production, commercial, corporate, music video, etc.)
Proposed Filming Locations (attach additional pages if necessary)
Date(s) of prep/filming
Primary Contact
Name
Cell phone
Email
Location Manager(if different from Primary Contact)
Name
Cell phone
Email
Production Company Information
Name of Production Company
Address
City/State/Zip
Web Site
Primary Contact's Name
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Primary Contact's Phone
Primary Contact's Email
Is this production already in contact with the Texas Film Commission?
If yes, who is your contact at the Texas Film Commission?
Name
Phone
Email
PRODUCTION (Attach additional sheets if necessary.)
1. Production schedule and activities, including 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. Approximate number of persons involved with the production, including cast and crew:
3. Anticipated need of City personnel, equipment or property:
4. Public areas in which public access will be restricted during production:
5. Describe alterations to public 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 filming location:
8. Location where extras will be held, if not at filming location:
9. Please attach map of anticipated street closure(s) or other public area use.
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Applicant(production company representative):
Date:
Name
Title
Application approved by Port Arthur representative:
Date:
The "Guidelines for Filming in Port Arthur, Texas"apply to all motion picture production in Port Arthur.
The Office of the City Manager may require the applicant to acknowledge receipt of the Guidelines prior
to approving this application.
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