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HomeMy WebLinkAboutResolution No. 2026-038CITY OF THE COLONY, TEXAS RESOLUTION NO. 2026 - 038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, ADOPTING THE GUIDELINES FOR FILMING IN THE CITY OF THE COLONY, TEXAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Film Friendly Texas program, is a certification and marketing program administered by the Texas Film Commission and serves as an invaluable resource that helps position Texas as a premier destination for media production; and WHEREAS, the Texas Film Commission efficiently connects opportunities to its certified communities; and WHEREAS, the City of The Colony, Texas desires to become a Certified Film Friendly City, to promote our unique location assets, talent, and customer services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AS FOLLOWS: Section 1. That the City Council hereby establishes and adopts the "Guidelines for Filming in the City of The Colony, TX" attached hereto as Exhibit A. Section 2. That this Resolution shall become effective from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THIS 16TH DAY OF JUNE 6 ATT S Tina Stewart, TRMC, CMC, City Secretary APPROVED AS TO FORM: 5 City Attorney 202 . ichard Boyer, Mayor City of The Colony, Texas ExhibitA Guidelines for Filming in The City of The Colony, TX Guidelines for Filming in The Colony, TX I. Purpose 11. 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 X1. Damage to Public or Private Property XII. Hold Harmless Agreement (LONY 1 Chy by the Lake Guidelines for Filming in The Colony, Texas I. PURPOSE The Guidelines contained in this policy are intended to create a program for promoting economic development activity within The Colony and the vicinity of the City. The following Guidelines are also intended to protect the personal and property rights of The Colony, Texas residents and businesses, and to promote the public health, safety 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. 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 The Colony 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 or designee. III. PERMIT REQUIREMENTS Before filing an application for filming in The Colony, the Office of the City Manager or designee must be contacted to discuss the production's specific filming requirements and the feasibility of filming in The Colony, TX. Any commercial producer who desires to undertake a commercial production in The Colony is required to complete and return the attached application for filming to the Office of the City Manager or designee, within the time frames below: • Commercials or episodic television: a minimum of three (3) 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. �THE L�NY City by the Lake IV. APPLICATON FEE An application processing fee of $25.00 should accompany each application for filming in The Colony. 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. The Applicant shall pay all costs in full within ten (10) days after receipt of an invoice for said costs. 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 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 or designee may authorize the use of any street, right-of-way, park or public building, use of The Colony, 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 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 designee. The Applicant shall reimburse the City for inconveniences when using public property. Following is the rate schedule: per tal or disruptive use (regular operating hours) of a public building, park, right-of-way, public area Partial, non -disruptive use of a public building, park, right-of-way, or public area Total closure or obstruction of public street or right-of-way, including parking lots and street parking Partial closure or obstruction of public street or right-of-way, including parking lots and on -street parking Use of City parking lots, parking areas, and City streets (for the purpose of parking film trailers, buses, catering trucks, and other large vehicles) ATHEcnrV City by the Lake day: 3 The Applicant acknowledges and agrees that the City of The Colony, 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. 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 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 designee. VIII. 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 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 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 The Colony 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 $1,000,000 umbrella; and automobile liability (if applicable) in an amount not less than $1,000,000 including bodily injury and property damage. THE 4 COLONY 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: 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 1 and my firm will perform in accordance with the directions and specifications of The City of The Colony, Texas, and that 1 and my firm will indemnify and hold harmless the City of The Colony, 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. l 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 chis and other contracts and agreements with the City of The Colony, Texas on behalf of the firm. Signature Printed Name Title Date: THE CHT ONY 5 city by the Lake Title of Project: Type of Production: THE CITY OF THE COLONY, TX Application for Commercial Filming (feature film, television series, commercial, music video, virtual reality, etc.) Proposed Filming Locations (attach additional pages if necessary): Date(s) of Prep, Filming & Wrap: Primary Contact Name: Cell Phone Number: Email: Location Manager (if different from Primary Contact) Name: Cell Phone Number: Email Name of Production Company: Address: City/State/Zip: Web Site: COLONY City by the Lake Has this production already been in contact with the Texas Film Commission? If yes, who is your contact at the Texas Film Commission? Or Has this production already completed the Texas Film Commission's Texas Production Registration Form? PRODUCTION (Attach additional sheets if necessary.) 1. Production schedule and activities, including stunts, pyrotechnics, special effects, aerial or drone photography, amplified sound or use of animals: (give dates and times, hours should include prep, holding of sets, wrap and rain dates, if potentially needed) 2. Approximate number of persons involved with the production, including cast and crew: 3. Anticipated need of City or County 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. Applicant (production company representative): Signature Printed Name & Title Application approved by The Colony representative: Date: Date: The "Guidelines for Filming in The Colony, Texas" apply to all motion picture production in The Colony. The Office of the City Manager or designee may require the applicant to acknowledge receipt of the Guidelines prior to approving this application. Ij HI DNY �,tyby��