| Sec. 721.15.
(A) Personal property not needed for municipal | 8 |
|
purposes, the estimated value of which is less than one thousand | 9 |
|
dollars, may be sold by the board or officer having supervision
or | 10 |
|
management
of that property. If the estimated value of
that | 11 |
|
property
is one thousand dollars
or more, it
shall be sold only | 12 |
|
when
authorized by an ordinance of the
legislative authority of | 13 |
|
the
municipal corporation and approved by
the board, officer, or | 14 |
|
director having supervision or management
of
that
property. When | 15 |
|
so authorized, the
board, officer, or director
shall make a | 16 |
|
written contract with the
highest and best bidder
after | 17 |
|
advertisement for not less than two
or more than four
consecutive | 18 |
|
weeks in a newspaper of general
circulation within
the municipal | 19 |
|
corporation, or with a board of
county
commissioners upon such | 20 |
|
lawful terms as are agreed upon, as
provided by division (B)(1) of | 21 |
|
section 721.27 of
the Revised Code. | 22 |
| (B) When the legislative authority finds, by resolution,
that | 23 |
|
the
municipal corporation has vehicles, equipment, or
machinery | 24 |
|
which
is
obsolete, or is not needed or is unfit for
public use,
| 25 |
|
that
the municipal corporation has
need of other
vehicles, | 26 |
|
equipment,
or machinery of the same type,
and
that it
will be
in | 27 |
|
the best interest of the
municipal corporation that
the sale
of | 28 |
|
obsolete, unneeded, or
unfit vehicles, equipment, or
machinery
be | 29 |
|
made simultaneously
with the purchase of the new
vehicles, | 30 |
|
equipment, or machinery of
the same type,
the
legislative | 31 |
|
authority may offer to sell,
or authorize a board,
officer, or | 32 |
|
director of
the municipal
corporation having
supervision or | 33 |
|
management of
the property
to offer to sell,
those vehicles, | 34 |
|
equipment, or machinery and
to have the selling
price
credited | 35 |
|
against the
purchase price of other vehicles,
equipment, or | 36 |
|
machinery and to
consummate
the sale and purchase
by a single | 37 |
|
contract with
the lowest and best bidder to be
determined by | 38 |
|
subtracting from
the selling price of the vehicles,
equipment, or | 39 |
|
machinery to be
purchased by
the municipal
corporation the | 40 |
|
purchase price
offered for
the municipally-owned
vehicles, | 41 |
|
equipment, or
machinery. When the legislative
authority
or the | 42 |
|
authorized
board, officer, or director of a
municipal
corporation | 43 |
|
advertises
for bids for the sale of new
vehicles,
equipment, or | 44 |
|
machinery to
the municipal corporation,
they may
include in the | 45 |
|
same
advertisement a notice of
willingness to
accept bids for the | 46 |
|
purchase of municipally-owned
vehicles,
equipment, or machinery | 47 |
|
which is obsolete,
or
is
not needed
or is
unfit for public
use, | 48 |
|
and to have the amount of
those bids
subtracted from the
selling | 49 |
|
price as a means of determining the
lowest and best
bidder. | 50 |
| (D) Notwithstanding anything to the contrary in division
(A) | 56 |
|
or (B) of this section and regardless of the property's value,
the | 57 |
|
legislative authority of a municipal corporation may sell
personal | 58 |
|
property, including motor vehicles acquired for the use
of | 59 |
|
municipal officers and departments, and road machinery,
equipment, | 60 |
|
tools, or supplies, which is not needed for public use,
or is | 61 |
|
obsolete or unfit for the use for which it was acquired, by | 62 |
|
internet auction. The legislative authority shall adopt, during | 63 |
|
each calendar year, a resolution expressing its intent to sell | 64 |
|
that property by internet auction.
The resolution shall include a | 65 |
|
description of how the auctions
will be conducted and shall | 66 |
|
specify the number of days for bidding
on the property, which | 67 |
shall be no less than fifteenten days, including
Saturdays, | 68 |
|
Sundays,
and legal holidays. The resolution shall indicate whether | 69 |
|
the
municipal corporation will conduct the auction or the | 70 |
|
legislative
authority will contract with a representative to | 71 |
|
conduct the
auction and shall establish the general terms and | 72 |
|
conditions of
sale. If a representative is known when
the | 73 |
|
resolution is
adopted, the resolution shall provide contact | 74 |
|
information such as
the representative's name, address, and | 75 |
|
telephone
number. | 76 |
| After adoption of the resolution, the legislative authority | 77 |
|
shall publish, in a newspaper of general circulation in the | 78 |
|
municipal corporation, notice of its intent to sell unneeded, | 79 |
|
obsolete, or unfit municipal personal property by internet | 80 |
|
auction. The notice shall include a
summary
of the information | 81 |
|
provided in the resolution and shall be
published at least twice. | 82 |
|
The second and any subsequent notice
shall be published not less | 83 |
|
than ten nor more than twenty days
after the previous notice. A | 84 |
|
similar notice also shall be posted
continually throughout the | 85 |
|
calendar year in a conspicuous place in the offices of the village | 86 |
|
clerk or city auditor, and the legislative authority, and, if the | 87 |
|
municipal corporation maintains a website on the internet, the | 88 |
|
notice shall be posted continually throughout the calendar year at | 89 |
|
that website. | 90 |
| When the property is to be sold by internet auction, the | 91 |
|
legislative authority or its representative may establish a | 92 |
|
minimum
price that
will be accepted for specific items and may | 93 |
|
establish
any other
terms and conditions for the particular sale, | 94 |
|
including
requirements for pick-up or delivery, method of payment, | 95 |
|
and sales
tax. This type of information shall be provided on the | 96 |
|
internet
at the time of the auction and may be provided before | 97 |
|
that time
upon request after the terms and conditions have been | 98 |
|
determined
by the legislative authority or its representative. | 99 |
