[HISTORY: Adopted by the Mayor and Council of the Village
of Bosque Farms as Sec. 13-5 of the 1980 Code. Amendments noted where
applicable.]
GENERAL REFERENCES
Solid waste — See Sec. 9-1.
As used in this Section 13-5, the following terms shall have
the meanings indicated:
All structures other than residences, together with the surrounding
premises, on which any person produces or generates solid waste.
Waste Management of New Mexico, Inc.
The sanitary landfill designated from time to time by the
governing body as the site at which residents of the Village may dispose
of solid waste.
The franchise to collect solid waste granted by this Section
13-5.
A home, trailer, mobile home or other freestanding structure
used or capable of use as a human habitation, together with the surrounding
premises, on which any person produces or generates solid waste; a
residence may include a guest house and other outbuildings on the
same premises which are not continuously inhabited.
Any garbage, rejected or waste food, swill, ashes, manure,
dirt, slop, wastepaper, trash, rubbish, and waste or unwholesome material
of any kind.
The Village grants a franchise to the Company to collect, remove
and dispose of solid waste from all premises located within the corporate
limits of the Village.
Subject to termination as provided in § 13-5-6, the Company is designated and appointed as the sole and exclusive solid waste collector for the Village, except that any person may sell to or purchase from any other person any bona fide salvage material if the salvage material is segregated and sold separately from other solid wastes.
The Village grants the Company the right to use any and all
streets, bridges, and public ways within the corporate limits of the
Village.
Subject to termination as provided in § 13-5-6, the term of the franchise is three years commencing on May 1, 1999 ending April 30, 2002, with a possible three-year extension.
For violation of this Section 13-5, or other good cause, the Village may terminate the franchise or assume the obligations of the Company under Section 13-5 of the Code and perform and execute the same at the cost and expense of the Company. In either event, the Company shall immediately be liable to the Village for all loss, expense or damage incurred by the Village by reason of the Company's failure to perform its obligations under Section 13-5 of the Code. Before terminating the franchise or assuming the obligations of the Company under Section 13-5 of the Code, the Village shall give the Company 15 days' written notice stating that the Company has failed to perform its obligations under Section 13-5 of the Code and specifying the things required to be done by the Company to correct such failure. The Company shall have the right to prevent the termination of the franchise by correcting the specified deficiencies within the fifteen-day notice period. If the Company becomes insolvent or bankrupt, the franchise shall terminate immediately. The performance bond, required by § 13-5-15A(1) shall, among other things, secure the payment of sums accruing under this section.
The franchise is subject to all limitations now or hereafter
provided by the Constitution and laws of the United States and of
the State and the Code. The Village reserves the right to amend the
Code, including Section 13-5, in any manner necessary to protect the
safety and welfare of the public, or the public interest.
The Company shall not assign the franchise, either voluntarily
or by operation of law, without the consent of the governing body.
The Company shall not subcontract the work which has been granted
to it by Section 13-5 of the Code without the consent of the governing
body.
The Company shall carry out the terms of the franchise as an
independent contractor, and not as an agent, servant, employee or
partner of the Village.
If, by reason of any act or omission of the Company, the Village is made or becomes a party to any legal proceeding, including but not limited to a proceeding before the State Environmental Improvement Division, or a proceeding concerning payment of wages or salary, federal, state or local taxes, or contributions required under the Social Security Act, the State Workmen's Compensation Act or the State Unemployment Compensation Law, the Company will indemnify and defend the Village against all loss, liability, costs or expenses in connection with the proceeding. The Village may choose its own attorney to defend it. This covenant shall be guaranteed by the public liability and property damage insurance policy and the workmen's liability insurance policy required by § 13-5-15A(2) and A(3) respectively.
The Company shall pay to the Village an annual Franchise Fee
in the amount of $5,000. The Franchise Fee shall be in lieu of all
occupation taxes and license fees imposed by the Village. If circumstances
warrant, the franchise fee may be renegotiated from time to time.
Any change agreed upon by the Village and the Company may be made
by resolution.
In addition to other duties which may be imposed by the Village
from time to time, the Company shall:
A.
Provide complete and adequate solid waste collection service to all
residences and commercial establishments in the Village.
B.
Collect, remove, and dispose of all solid waste in the Village.
C.
Render free solid waste collection service to the Village, including
the servicing of solid waste receptacles placed for public use by
authority of the governing body.
D.
Furnish all labor, tools, office facilities, machinery and equipment
necessary to provide solid waste collection service.
E.
Provide regularly scheduled solid waste collection service to residences
at least once per week.
F.
Provide regularly scheduled solid waste collection service to commercial
establishments at least once per week and more often as necessary
as determined by the governing body.
H.
Respond within 24 hours to any request of the Village Mayor or Village
Clerk for special solid waste collection service.
I.
Not litter any street or premises in the process of providing solid
waste collection service, and promptly clean up and remove any solid
waste which has spilled in the collection process, or which has fallen
or blown from any collection vehicle.
J.
Subject to reasonable modifications which the governing body may
require, begin residential solid waste collection service no earlier
than 7:30 a.m. and end it no later than 5:00 p.m.
K.
Exercise reasonable care in the handling of solid waste receptacles.
L.
Without delay, after removing solid waste from a receptacle, return
the receptacle to the position from which it was picked up and return
the receptacle's lid or cover to its proper place.
M.
Require its employees to avoid crossing private or public planted
and landscaped areas and to avoid climbing or jumping over hedges,
fences or shrubbery.
N.
Require its employees to make all collections in a quiet and orderly
manner, and to avoid unnecessary yelling or shouting, banging or throwing
of receptacles, squealing of tires or brakes, blowing of horns and
other noise.
O.
Employ only closed collection trucks, except where access to a residence
may be difficult for a large truck, in which case a smaller open truck
may be used to pick up closed bags or boxes of trash, but an open
truck shall not be used to collect open or blowing solid wastes.
P.
Before commencing operations under Section 13-5, and thereafter before
each change in collection schedule, cause to be published in a newspaper
of general circulation and posted within the Village a collection
schedule identifying the collection day for particular neighborhoods.
Q.
Look for and notify the Village Clerk of deterioration in road surfaces
or road conditions requiring repair, and immediately notify the Village
Clerk of any road which becomes impassable.
R.
Comply with all laws of the United States and the State, with the
Code, and with applicable regulations of all governmental agencies,
including, but not limited to, the Solid Waste Management Regulations
of the State Environmental Improvement Board, all as may be amended
from time to time.
The company shall provide the Clerk/Administrator with records,
financial statements, or other information bearing the Company's
operations under Section 13-5 of the Code, as the Village Clerk may
reasonably require from time to time.
Before commencing operations under Section 13-5 of the Code,
and throughout the duration of the franchise, the Company shall:
A.
Obtain from a company satisfactory to the governing body, and maintain
in effect:
(1)
A performance bond in the minimum amount of $50,000, naming
the Village as obligee. The bond shall be conditioned upon the faithful
performance by the Company of its obligations under Section 13-5 of
the Code and shall provide that the Company shall immediately be liable
to the Village for all loss, expense or damage incurred by the Village
by reason of the Company's failure to perform its obligations
under Section 13-5 of the Code and that the issuer of the bond shall
notify the Village Clerk in writing not less than 60 days before cancellation
of the bond.
(2)
A public liability and property damage insurance policy or policies in the minimum amount as follows: comprehensive, general and vehicle liability insurance, $300,000 for bodily injuries for each occurrence with $500,000 aggregate coverage; and $100,000 for property damage for each occurrence with $500,000 aggregate coverage. Each such policy shall name the Village as an additional insured, and shall insure the Village in the same general terms and to the same general effect as the agreement of the Company to hold harmless the Village under § 13-5-11. Limits provided in this section shall be reviewed at the time the Franchise Fee is reviewed under § 13-5-12, and may be increased at any one time, at the option of the Village, to the limits of liability specified in the Tort Claims Act, NMSA 1978, §§ 41-4-1 through 41-4-27, as amended from time to time. Each such policy shall contain a provision requiring the insurer to notify the Village Clerk in writing not less than 60 days before cancellation of the policy.
(3)
Workmen's liability insurance in accordance with the Workmen's
Compensation Act, NMSA 1978, §§ 52-1-1 through 52-1-69,
as amended from time to time. Such insurance shall include coverage
for safety devices permitted under NMSA 1978, § 52-1-10,
as amended from time to time. The Company shall also file a certificate
of such insurance with the State Superintendent of Insurance. If any
class of workmen is not protected under the Workmen's Compensation
Act, the Company shall provide employer's liability insurance
adequate to protect the Company and Village against any claims resulting
from injuries to and death of workmen arising from operations under
the Franchise. Each policy identified in this section shall contain
a provision requiring the insurer to notify the Village Clerk in writing
not less than 60 days before cancellation of the policy.
B.
Register and maintain good standing with the State Corporation Commission.
C.
Before commencing operations under Section 13-5 of the Code, and annually thereafter, furnish the Village Clerk with proof satisfactory to the Village Clerk that the Company is in compliance with § 13-5-15A and B.
D.
Before any subcontractor, who may have been approved under § 13-5-9, commences operations, require the subcontractor to furnish the Village Clerk with proof satisfactory to the Village Clerk that the subcontractor is in compliance, independently of the Company, with the provisions of Section 13-5 of the Code, as may be amended from time to time, including but not limited to § 13-5-15A and B.
The Company shall dispose of solid waste collected in the Village
only at the designated landfill and shall, upon request by the Village
Clerk/Administrator, offer proof of compliance with this section.
The Company shall use only serviceable collection equipment,
as determined by the Village Clerk. All trucks and other equipment
used in solid waste collection shall be thoroughly cleaned at least
once each week and deodorized or disinfected when necessary to maintain
them in a sanitary and non-offensive condition. No solid waste material
shall be allowed to remain in a truck while parked overnight. All
trucks and other equipment shall be clearly identified, with the Company's
name and telephone number affixed thereto. Trucks shall be painted
uniform colors, shall be equipped with safety devices and warning
lights as required by State law or the Code, and shall be equipped
with a fire extinguisher, a first aid kit, a shovel, and a broom.
The Company shall:
A.
Provide adequate operating and safety training for all its employees;
B.
Reprimand any employee who is not sober, uses indecent language,
has been negligent, rude or discourteous in the performance of his
or her duties, is unnecessarily noisy or violates the Motor Vehicle
Code;
C.
Assure that each of its employees who drives or operates vehicles
or equipment possesses appropriate licenses; and
D.
Not discriminate against any employee or applicant because of race,
religion, color, sex, or national origin.
The Company shall bill and collect from the person owning or
controlling each occupied or previously occupied residence and each
commercial establishment the fee established by the Code for solid
waste collection service rendered by the Company. Bills may be rendered
on a quarterly or triannual basis, and may cover service rendered
or to be rendered. If any account becomes thirty-days delinquent,
the Company may, after providing 15 days' notice, employ any
lawful means to collect the account. The Company shall make a good-faith
effort to collect delinquent accounts. The Company shall not deny
service to delinquent accounts.
Except as otherwise provided in Section 13-5 of the Code, the
company shall report to and deal with the Village Clerk, who shall
also receive from any person and pass on to the Company complaints
and suggestions concerning the solid waste collection service provided
by the Company.
Matters relating to the franchise or the operation of the franchise
not otherwise provided for in Section 13-5 of the Code shall be governed
by a contract or contracts entered into from time to time by the Village
and the Company and adopted by resolution of the governing body.
The Company shall file with the Village Clerk/Administrator a written statement accepting the franchise and agreeing to comply with the terms of Section 13-5 of the Code. The acceptance shall be accompanied by proof, satisfactory to the Village Clerk/Administrator, of the Company's compliance with § 13-5-15. Upon filing its statement of acceptance, the Company shall be deemed to have contracted with the Village to perform the work which has been granted to it by Section 13-5 of the Code, and, upon acceptance of the Company's statement of acceptance by the Village Clerk/Administrator, the Village shall be deemed to have contracted with the Company to perform such work. If the Company does not file its statement of acceptance as provided by this section, Section 13-5 of the Code and Franchise shall be terminated and become void.
The Company shall pay the costs of publication of Section 13-5
of the Code by making payment directly to the publisher upon presentation
of the publisher's statement.
