G-11-06-09-9C1 - 6/9/2011ORDINANCE NO. G1' I,l - Ob- 011.6-1
AN ORDINANCE AMENDING CHAPTER 34, CODE OF ORDINANCES
(2010 EDITION), CITY OF ROUND ROCK, TEXAS, BY ADDING
ARTICLE V, SECTION 34-130 ET SEQ. REGARDING FILM INDUSTRY
PRODUCTION; PROVIDING FOR A SAVINGS CLAUSE; AND
REPEALING CONFLICTING ORDINANCES OR RESOLUTIONS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS:
That Chapter 34 of the Code of Ordinances (2010 Edition), City of Round Rock,
Texas, is hereby amended by adding an article and sections, to be designated Article V
and numbered Section 34-130 et seq., which said article and sections shall read as
follows:
ARTICLE V. FILM INDUSTRY PRODUCTION
Sec. 34-130. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Affected neighborhood means an area that is affected by film industry production, the boundaries
of which are determined by the city manager upon issuance of a film industry production permit.
Affected resident means an owner, tenant or resident of property within an affected
neighborhood.
Film industry production means the creation or production of moving images, including but not
limited to film, video, and digital images, for use in movies, television, commercials, game design, video
and digital interactive media, electronic media, and/or other media format, and related activities that:
(1) are conducted primarily outdoors; and
(2) interfere with the normal flow or regulation of pedestrian or vehicular traffic; or
(3) require special city services, including but not limited to street closure, stages, special
parking arrangements, special electrical services, special police services or protection, or
use of city buildings or property.
Film industry production permit means the written approval from the city manager for film industry
production.
Producer means a person that has filed a written application for a film industry production permit,
or the designated representative of such producer.
00223913.DOC
Sec. 34-131. City manager authority.
(a) The city manager may authorize the use of any city street, right-of-way, park, land, public
building, the Round Rock, Texas name, trademarks or logos, and city equipment or personnel for
use for film industry production. The city manager may require that any or all of the conditions or
remuneration specified in the film industry production permit be met as a prerequisite to such use,
and may require a security or damage deposit in an amount as determined by the city manager.
(b) The city manager may prohibit, or order the cessation of, all film industry production if the city
manager determines that such activities are detrimental to the public health, safety and welfare.
(c) City personnel may inspect all structures, devices and equipment to be used in connection with
film industry production at all times, as directed by the city manager.
Sec. 32-122. Permit requirements.
(a) Prior to filing an application for a film industry production permit, the person seeking such permit
must contact the city manager to discuss the specific requirements for such film industry
production.
(b) A person seeking a film industry production permit shall file an application with the city manager
upon forms provided by the city, which shall be accompanied with an application fee of Fifty
Dollars ($50.00). In appropriate circumstances, the city manager shall have the authority to lower
or waive the fee. Such application must be submitted within the following time frames:
(1) An application for a feature film must be submitted a minimum of ten (10) days prior to
the commencement of filming or any substantial activity related to the film industry
production.
(2) An application for commercials, episodic television or other media must be submitted a
minimum of five (5) days prior to the commencement of filming or any substantial activity
related to the film industry production.
If a person intends to conduct film industry production at more than one location or on
more than one date, all such locations and dates must be indicated in the application for
a film industry production permit and such permit shall apply only to the dates and
locations so indicated.
(3)
(4) The city manager shall ensure that other licenses and permits, restrictions, regulations,
fees for the city services, safeguards or other conditions deemed necessary by individual
city departments for the safe and orderly conduct of a film industry production be
requested, submitted and approved before the film industry production permit is granted;
e.g. health permit application; agreement with the Police Department for police coverage;
agreement with the Public Works Department regarding costs associated with street
closures; agreement with the Parks and Recreation Department for the use of any park
facilities.
Sec. 34-133. Use of city equipment and personnel.
(a) A producer shall pay for the costs of any police, fire, public works, or other city personnel
assigned to the project, whether specifically requested by the producer or not. Remuneration
rates for the use of any city equipment, including but not limited to police cars and fire equipment,
shall be established on a case-by-case basis as determined by the city manager. The producer
shall pay all invoices for such costs promptly upon receipt of an invoice from the city. The city
manager may require an advance deposit for the use of city equipment.
(b) The city manager shall have the authority to stipulate additional fire or police requirements, and
level of staffing for same, at any time during a film industry production if it is determined to be in
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the best interest of public safety, health and welfare, which cost shall be borne by the producer.
Off-duty police officers and firefighters shall be paid by the producer at a rate not less than one
and one-half their hourly rate based on their rank.
Sec. 34-134. Fees for use of city property.
(a) The producer shall reimburse the city for use of city property, including but not limited to City
streets, rights-of-way, parks, land, and public buildings according to the following rate schedule:
Activity
Cost per calendar day
Total or 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 public street or right-of-way, including
parking lots and on -street parking
$50 per block
Partial closure or obstruction of public street or right-of-way, including
parking lots and on -street parking
$25 per block
Use of city parking Tots, parking areas, and city streets for the purpose
of parking film trailers, buses, catering trucks, and other large vehicles
$50 per block or lot
(b) The city shall have full control over city property used for film industry production, as well as
control over the hours and general location of film industry production.
Sec. 34-135. Special equipment and vehicles.
(a) The producer shall provide a report in the application for a film industry production permit listing
the number of vehicles and types of equipment to be used during film industry production,
including proposed hours of use and proposed parking locations. All such use and parking,
including but not limited to on -street parking or use of public parking lots, must be approved
before issuance of a film industry production permit.
(b) The use of exterior lighting, power generators, or any other equipment that produces noise or
light must be approved by the city manager.
Sec. 34-136. Hours of production activities.
(a) Film industry production is limited to the following hours:
(1) Monday through Friday, 7:00 a.m. to 9:00 p.m.
(2) Saturday, Sunday and holidays, 8:00 a.m. to 8:00 p.m.
(b) Hours of film industry production may vary from those above only if the producer has obtained
written permission of the city manager for different hours and has provided notice of such hours
to the affected residents.
Sec. 34-137. Notification to affected residents.
(a) The producer shall provide a written description and a schedule of the film industry production to
the affected residents.
(b) The producer shall make a good faith effort to notify affected residents of the film industry
production activities impacting an affected neighborhood and shall submit a report noting the
comments of such affected residents. Such report shall be submitted with the application for a
film industry production permit and shall include the signatures, addresses and telephone
numbers of the affected residents.
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Sec. 34-138. Insurance, liability and indemnity.
(a) The producer shall attach to the application for a film industry production permit a certificate of
insurance, naming the city as an additional insured, in an amount not Tess than One Million
Dollars ($1,000,000) general liability, including bodily injury and property damage with a Five
Million Dollars ($5,000,000) umbrella and automobile liability, if applicable, in an amount not less
than One Million Dollars ($1,000,000), including bodily injury and property damage.
(b) The producer shall 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 film industry
production, and restore the property to its original condition prior to the production, or to better
than original condition.
Sec. 34-139. Agreement required.
If a film industry production requires the use of any city property, equipment or personnel, the
producer shall enter into an agreement with the city regarding such use and any other matters pertaining
to the film industry production. Such agreement shall provide that the producer indemnifies and holds
harmless the city, its officers, employees, agents, and representatives against all claims of liability and
causes of action resulting from injury or damage to persons or property arising out of the film industry
production.
Sec. 34-140. Denial of a permit application.
The city manager may deny an application for a film industry production permit if:
(a) the film industry production will conflict in time and location with another film industry production,
special event, parade or assembly for which a permit has already been granted;
(b) the applicant fails to comply with, or the film industry production will violate, an ordinance of the
city or any other applicable law;
(c) the applicant makes or permits the making of a false or misleading statement or omission of
material fact on an application for a film industry production permit;
(d) the applicant has been convicted of violating this article, has had a film industry production permit
revoked within the preceding twelve (12) months, or has failed to pay any additional costs
assessed by the city for a previous film industry production within the previous two (2) years;
(e) the applicant fails to provide proof of a license or permit required by this article or another city
ordinance or by state law;
(f)
(g)
the film industry production, in the opinion of one (1) or more city departmental directors, would
unduly hinder or compromise the delivery or performance of normal services, including previously
scheduled construction or maintenance services, or emergency services, or constitutes a public
threat;
the applicant is unable or unwilling to provide any required insurance or surety bonds that may be
required under this article;
(h) the applicant is unable or unwilling to pay any additional costs as may be required by the city
manager;
(i)
the applicant fails to submit a complete application or fails to provide any additional information
requested by the city manager;
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(j) the proposed date or time for the film industry production or the location of the film industry
production or parking for such film industry production would unduly interfere or disrupt the
educational activities of a school when such school is in session; or
(k) the city manager determines, in his/her sole discretion, that the film industry production would be
detrimental to the health, safety and welfare of the citizens of Round Rock, Texas for any reason.
Sec. 34-141. Revocation of a film industry production permit.
A film industry production permit shall be revoked upon any of the following conditions:
(a) in the event that the Police Chief, Fire Chief, Director of Utilities, other city officials or their
designated representatives find that any of the provisions of this article, another city ordinance, or
state law is being violated, they shall immediately notify the city manager, and the film industry
production permit issued hereunder shall be revoked;
(b) when, in the judgment of the above named officials, a violation exists which requires immediate
abatement, they shall have authority to revoke a film industry production permit in the absence or
unavailability of the city manager; or
(c) the applicant made or permitted to be made a false or misleading statement or omission of
material fact on an application for a film industry production permit.
Sec. 34-142. Offenses and penalty.
(a) A person commits an offense if he/she commences or conducts film industry production without a
film industry production permit or with a film industry production permit that has expired or been
revoked.
(b) A culpable mental state is not required for the commission of an offense under this article.
(c) It is hereby determined that this article governs fire safety and public health and, therefore, any
person violating or failing to comply with any of the provisions of this article shall be subject to the
penalty as provided for in Section 1.9 of the City of Round Rock Code of Ordinances.
11.
A. All ordinances, parts of ordinances, or resolutions in conflict herewith are
expressly repealed.
B. The invalidity of any section or provision of this ordinance shall not
invalidate other sections or provisions thereof.
C. The City Council hereby finds and declares that written notice of the date,
hour, place and subject of the meeting at which this ordinance was adopted was posted
and that such meeting was open to the public as required by law at all times during
which this ordinance and the subject matter hereof were discussed, considered and
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formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended.
READ and APPROVED on first reading this the day of
, 2011.
READ, APPROVED and ADOPTED on second reading this the at- day of
ATTEST:
skmo,
, 2011.
SARA L. WHITE, City Secretary
ALAN MCGRAW, Mayor
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ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY:
Agenda Item No. 9C1.
City Council Agenda Summary Sheet
Agenda Caption:
Meeting Date:
Consider an ordinance amending Chapter 24, Code of Ordinances, to add Article V,
Section 34-130 regarding film industry production in the City of Round Rock. (First
Reading)
June 9, 2011
Department: Administration
Staff Person making presentation: Monique Adams
Administrative Support Coordinator
Item Summary:
This ordinance is the last step in declaring Round Rock, Texas a Film Friendly City through the Texas Filming
Commission. Brooks Bennett recently attended a conference and the City has several potential location areas
identified with the Commission including high schools, Old Settler's Park Baseball Complex, Dell Diamond and
several local parks.
The approval process is similar to the special event process and will be managed through the City Manager's office.
Some of the surrounding cities such as Pflugerville, Leander and Cedar Park have also recently been declared as a
Film Friendly City.
Strategic Plan Relevance:
Goal 18 — Strengthen and enrich the brand identity of the City and expand the tourism marketing effort.
Goal 35 — Expand and strengthen Arts and Cultural activities within the City.
Cost:
Source of Funds:
N/A
N/A
Date of Public Hearing (if required): N/A
Recommended Action: Approval