A. The council, by resolution, may provide for the collection, removal and disposal of all garbage by one (1) or more of the following methods:
1. By the designation, appointment or employment of a suitable person as collector, in which event said charges, determined by ordinance, and therein provided for, when collected, shall be paid to the city, and such collection, removal and disposal of garbage shall be done under the management, supervision, regulation and control of the council.
2. In addition to providing garbage collection, transport, and transfer, the city may contract with any person for the collection, removal or disposal of garbage upon such terms and conditions not in conflict herewith as the council may deem best and most advantageous for the city and the health and safety of the inhabitants thereof; and in such event such contract may provide that the amounts so charged may be collected by the city and paid on the contract to the contractor for collections. Any such contract may provide for the collection and removal of all or any part of such garbage by the contractors to such place or places as the city may designate for the disposal thereof. Any such contract may be canceled and revoked at any time by the council for noncompliance with the terms and provisions of said contract or of this chapter after thirty (30) days notice and opportunity to be heard by the council. Every such person who shall enter into any such contract with the city shall furnish a surety bond in such amount as may be provided for in the contract, conditioned for the faithful performance of the contract by such person and indemnifying and holding harmless, free and clear, the city from any and all damages whatsoever, on account of any injury or damage to person or property caused by the contractor, his, her, their or its agents or employees.
3. By licensing one (1) or more persons to engage in the business of collecting, removing and disposing of garbage in accordance with the provisions of this chapter and in such event each licensee, before any such license is issued, shall pay a license fee of five hundred dollars ($500.00) per annum for each truck, vehicle or trailer used in the collection and removal of the garbage and the vehicles shall comply with reasonable standards for sanitation. All such licenses shall expire on December 31 in each year in which the same are issued. The person so licensed shall receive no compensation from the city for any garbage removed under the license. The license shall be subject to revocation for failure of the licensee to comply with the reasonable sanitary standards prescribed by the city for the removal of garbage.
B. The city and/or its duly authorized agents or employees shall have the exclusive right within the service area to collect or gather solid waste, with the exception of nonresidential recyclables, commercially compacted items, dead animals, construction and demolition debris, hazardous wastes and other such materials which the city is prohibited by law from collecting or disposing. No person or organization may sell within the service area any services for the systematic and routine collection, transportation or disposal of garbage, trash or solid waste except for special wastes as defined by NMED solid waste bureau (SWB), residential recyclables, commercial compacted items, hazardous wastes and other such materials which the city is prohibited by law from collecting or disposing as per NMED solid waste bureau (SWB). Authorization to provide these services within the city limits requires prior written approval and contract through the public works department. The city reserves the right to negotiate a fee structure, if needed, for any of these services.
C. The city or duly authorized agent shall provide sufficient employees and equipment for the collection and disposal of all garbage and the same shall be collected as frequently as may be necessary in accordance with good sanitary practices.
D. Rate Review: Not less frequently than once every twelve (12) months, the established solid waste service rates provided for hereby shall be reviewed and amended if necessary, to meet the determined need to recover sufficient revenues to provide for operation, maintenance and replacement costs. Any amendments, changes, increases or decreases to the rate structure shall be reviewed and approved by city council. (Ord. 1285, 12-17-2019)