As Passed by the House 1
122nd General Assembly 4
Regular Session Am. Sub. S. B. No. 62 5
1997-1998 6
SENATORS BLESSING-SHOEMAKER-GAETH-GARDNER-SWEENEY-DRAKE- 8
KEARNS-B. JOHNSON-NEIN-LATTA-SCHAFRATH-OELSLAGER-WATTS- 9
FINAN-ZALESKI-REPRESENTATIVES GARCIA-CORE-SCHULER-VESPER- 10
SCHURING-MOTTLEY-CORBIN-LEWIS-PATTON-VERICH-GRENDELL- 11
REID-SAWYER-PERZ-O'BRIEN-WILSON-OLMAN 12
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A B I L L
To amend sections 307.12 and 505.10 and to enact 16
sections 9.48 and 133.151 of the Revised Code to 17
authorize a county or township to participate in 18
contracts of other counties or townships, or in 19
joint purchasing programs of a national or state 20
association of political subdivisions, for the 21
acquisition of equipment, materials, supplies, 22
or services, to authorize counties or townships 23
to issue self-supporting securities for the 24
purpose of paying the costs of their own and 25
other counties' or townships' permanent 26
improvements, and to establish a fair market 27
value below which a county or township is not
required to conduct a public auction for the 29
sale of unnecessary personal property or sell it
by sealed bid and may sell it without public 30
notice. 31
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 33
Section 1. That sections 307.12 and 505.10 be amended and 35
sections 9.48 and 133.151 of the Revised Code be enacted to read 36
as follows:
Sec. 9.48. A COUNTY OR TOWNSHIP MAY DO EITHER OF THE 38
2
FOLLOWING:
(A) PERMIT ONE OR MORE OTHER COUNTIES OR TOWNSHIPS TO 41
PARTICIPATE IN CONTRACTS INTO WHICH IT HAS ENTERED FOR THE 42
ACQUISITION OF EQUIPMENT, MATERIALS, SUPPLIES, OR SERVICES, AND 43
MAY CHARGE SUCH PARTICIPATING COUNTIES OR TOWNSHIPS A REASONABLE 44
FEE TO COVER ANY ADDITIONAL COSTS INCURRED AS A RESULT OF THEIR 45
PARTICIPATION;
(B) PARTICIPATE IN A JOINT PURCHASING PROGRAM OPERATED BY 47
OR THROUGH A NATIONAL OR STATE ASSOCIATION OF POLITICAL 50
SUBDIVISIONS IN WHICH THE PURCHASING COUNTY OR TOWNSHIP IS 51
ELIGIBLE FOR MEMBERSHIP.
ACQUISITION BY A COUNTY OR TOWNSHIP OF EQUIPMENT, MATERIAL, 54
SUPPLIES, OR SERVICES, THROUGH PARTICIPATION IN A CONTRACT OF 55
ANOTHER COUNTY OR TOWNSHIP OR PARTICIPATION IN AN ASSOCIATION 56
PROGRAM UNDER THIS SECTION, IS EXEMPT FROM ANY COMPETITIVE 58
SELECTION REQUIREMENTS OTHERWISE REQUIRED BY LAW, IF THE CONTRACT 59
IN WHICH IT IS PARTICIPATING WAS AWARDED PURSUANT TO A 60
COMPETITIVE SELECTION PROCEDURE, AND, IN THE CASE OF
PARTICIPATION IN A JOINT PURCHASING PROGRAM OPERATED BY OR 61
THROUGH A NATIONAL OR STATE ASSOCIATION OF POLITICAL 62
SUBDIVISIONS, IF THE PROGRAM HAS EMPLOYED A COMPETITIVE SELECTION 63
PROCEDURE SUBSTANTIALLY SIMILAR TO THE PROCEDURE THAT WOULD HAVE 64
BEEN REQUIRED OF THE PURCHASING COUNTY OR TOWNSHIP ACTING ALONE.
NO COUNTY OR TOWNSHIP SHALL ACQUIRE EQUIPMENT, MATERIALS, 65
SUPPLIES, OR SERVICES BY PARTICIPATING IN A CONTRACT UNDER THIS 66
SECTION IF IT HAS RECEIVED BIDS FOR SUCH ACQUISITION, UNLESS ITS 67
PARTICIPATION ENABLES IT TO MAKE THE ACQUISITION UPON THE SAME 68
TERMS, CONDITIONS, AND SPECIFICATIONS AT A LOWER PRICE. 69
Sec. 133.151. (A) A COUNTY OR TOWNSHIP MAY ISSUE, FOR 71
ITSELF OR ON BEHALF OF ANY OTHER COUNTY OR TOWNSHIP OR IN A JOINT 72
EXERCISE OF THEIR POWERS, SELF-SUPPORTING SECURITIES FOR EITHER 74
OR BOTH OF THE FOLLOWING PURPOSES:
(1) PAYING THE COSTS OF ANY PERMANENT IMPROVEMENTS THAT IT 77
IS AUTHORIZED TO ACQUIRE, IMPROVE, OR CONSTRUCT;
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(2) MAKING LOANS OR OTHERWISE PROVIDING, BY COOPERATIVE 79
ACTION, FINANCIAL ASSISTANCE TO ONE OR MORE COUNTIES OR TOWNSHIPS 81
TO ASSIST SUCH OTHER COUNTIES OR TOWNSHIPS IN PAYING THE COSTS OF 82
PERMANENT IMPROVEMENTS.
(B) SELF-SUPPORTING SECURITIES ISSUED UNDER THIS SECTION 84
SHALL NOT BE GENERAL OBLIGATIONS OF THE ISSUER, BUT SHALL BE 85
SECURED BY ANY OF THE FOLLOWING: 86
(1) A PLEDGE OF AND A LIEN UPON THE REVENUES OF THE 88
ISSUER, DERIVED FROM OWNERSHIP OR OPERATION OF THE PERMANENT 89
IMPROVEMENTS, INCLUDING THOSE RATES, CHARGES, OR RENTS AND ANY 90
INTEREST SUBSIDIES OR DEBT CHARGES, GRANTS, OR OTHER PAYMENTS BY 91
FEDERAL OR STATE AGENCIES THEREFOR, AND THE COVENANTS OF THE 92
ISSUER TO MAINTAIN SUFFICIENT RATES, CHARGES, AND RENTALS TO 93
PRODUCE REVENUES SUFFICIENT TO PAY ALL CURRENT EXPENSES OF THE 94
PERMANENT IMPROVEMENTS PAYABLE BY THE ISSUER, AND TO PAY DEBT 95
SERVICE CHARGES ON THE SECURITIES AND ESTABLISH AND MAINTAIN ANY 96
CONTRACTUALLY REQUIRED SPECIAL FUNDS RELATING TO THE SECURITIES, 97
AND, IF THE SECURITIES ARE ANTICIPATORY SECURITIES, TO ISSUE THE 98
SELF-SUPPORTING SECURITIES FOR WHICH THE ANTICIPATORY SECURITIES 99
ARE ISSUED; 100
(2) AMOUNTS RECEIVED FROM OTHER COUNTIES OR TOWNSHIPS AS 103
REPAYMENT OF LOANS OR OTHER COOPERATIVE FINANCIAL ASSISTANCE MADE 104
TO THEM FROM THE PROCEEDS OF SUCH SELF-SUPPORTING SECURITIES; 105
(3) A PLEDGE OF AND LIEN ON THE PROCEEDS OF ANY SECURITIES 108
ISSUED TO FUND OR REFUND THOSE SELF-SUPPORTING SECURITIES. 109
(C) A COUNTY OR TOWNSHIP ISSUING SELF-SUPPORTING 111
SECURITIES UNDER THIS SECTION SHALL DO SO BY RESOLUTION, AND SUCH 113
RESOLUTION SHALL SET FORTH THE TERMS OF THE SECURITIES, THE DATE 114
OF THE SECURITIES, THE AMOUNT TO BE ISSUED, AND THE MAXIMUM RATE 115
OF INTEREST. THE SECURITIES SHALL MATURE AT SUCH TIMES NOT 116
EXCEEDING THE MAXIMUM LIMITS SPECIFIED FOR GENERAL OBLIGATIONS IN 117
SECTION 133.20 OF THE REVISED CODE, AND SHALL BE EXECUTED IN SUCH 118
MANNER AS THE RESOLUTION PROVIDES. THE SECURITIES SHALL BE 119
NEGOTIABLE, BEAR INTEREST AT SUCH RATE OR RATES, BE IN SUCH 120
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DENOMINATIONS, BE IN SUCH FORM, CARRY SUCH REGISTRATION 121
PRIVILEGES, BE PAYABLE IN SUCH MEDIUM OF PAYMENT AT SUCH PLACE OR 123
PLACES, AND BE SUBJECT TO SUCH TERMS OF REDEMPTION AS THE ISSUER 124
MAY AUTHORIZE. THE SECURITIES MAY BE SOLD AT PUBLIC OR PRIVATE 125
SALE.
(D) SELF-SUPPORTING SECURITIES ISSUED UNDER THIS SECTION, 127
THEIR TRANSFER, AND ANY INCOME THEREFROM, INCLUDING ANY PROFIT 128
MADE ON THE SALE THEREOF, SHALL AT ALL TIMES BE FREE FROM 129
TAXATION WITHIN THE STATE. 130
(E) COSTS OF PERMANENT IMPROVEMENTS THAT MAY BE FINANCED 132
WITH, AND PAID FROM THE PROCEEDS OF, SELF-SUPPORTING SECURITIES 134
ISSUED UNDER THIS SECTION INCLUDE, WITHOUT LIMITATION AS TO OTHER 135
COSTS PROPERLY ALLOCABLE TO THE PERMANENT IMPROVEMENTS, THE COSTS 136
OF: ACQUIRING, CONSTRUCTING, RECONSTRUCTING, REHABILITATING, 137
INSTALLING, REMODELING, RENOVATING, ENLARGING, EQUIPPING, 138
FURNISHING, OR OTHERWISE IMPROVING PERMANENT IMPROVEMENTS; SITE 139
CLEARANCE, IMPROVEMENT, AND PREPARATION; ACQUISITION OF REAL OR 140
PERSONAL PROPERTY; INDEMNITY AND SURETY BONDS AND PREMIUMS ON 141
INSURANCE; ALL RELATED DIRECT ADMINISTRATIVE EXPENSES AND 142
ALLOCABLE PORTIONS OF DIRECT COSTS OF THE ISSUER; ENGINEERING, 143
ARCHITECTURAL, LEGAL, AND OTHER CONSULTING AND PROFESSIONAL 144
SERVICES; DESIGNS, PLANS, SPECIFICATIONS, FEASIBILITY OR RATE 145
STUDIES, APPRAISALS, SURVEYS, AND ESTIMATES OF COST; INTEREST OR 146
INTEREST EQUIVALENT ON THE SECURITIES, WHETHER CAPITALIZED OR 147
NOT; FINANCING COSTS; TITLE WORK AND TITLE COMMITMENT, INSURANCE, 148
AND GUARANTIES; AMOUNTS NECESSARY TO ESTABLISH ANY DEBT SERVICE 149
RESERVE OR OTHER RESERVES AS REQUIRED BY THE PROCEEDINGS FOR THE 150
SECURITIES; AUDITS; THE REIMBURSEMENT OF MONEYS ADVANCED OR 151
APPLIED BY OR BORROWED FROM ANY PERSON, WHETHER TO OR BY THE 152
ISSUER OR OTHERS, FROM WHATEVER SOURCE PROVIDED, FOR THE PAYMENT 153
OF ANY ITEM OR ITEMS OF COST OF THE PERMANENT IMPROVEMENTS; AND 154
ALL OTHER EXPENSES NECESSARY OR INCIDENTAL TO PLANNING OR 155
DETERMINING FEASIBILITY OR PRACTICABILITY WITH RESPECT TO 156
PERMANENT IMPROVEMENTS OR NECESSARY OR INCIDENTAL TO THE 157
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ACQUISITION, CONSTRUCTION, RECONSTRUCTION, REHABILITATION, 158
INSTALLATION, REMODELING, RENOVATION, ENLARGEMENT, EQUIPPING, 159
FURNISHING, OR OTHER IMPROVEMENT OF THE PERMANENT IMPROVEMENTS, 160
THE FINANCING OF THE PERMANENT IMPROVEMENTS, AND THE PLACING OF 161
THE PERMANENT IMPROVEMENTS IN CONDITION FOR USE AND OPERATION, 162
AND ALL LIKE OR RELATED COSTS, INCLUDING ANY ONE, PART, OR 163
COMBINATION OF, OR THE ISSUER'S SHARE OF, THOSE COSTS AND 164
EXPENSES. 165
Sec. 307.12. (A) When the board of county commissioners 175
finds, by resolution, that the county has personal property, 176
including motor vehicles acquired for the use of county officers 177
and departments, and road machinery, equipment, tools, or 178
supplies, which is not needed for public use, or is obsolete or 179
unfit for the use for which it was acquired, AND WHEN THE FAIR 180
MARKET VALUE OF THE PROPERTY TO BE SOLD UNDER THIS DIVISION IS, 181
IN THE OPINION OF THE BOARD, IN EXCESS OF TWO THOUSAND FIVE 182
HUNDRED DOLLARS, the board may do either of the following: 183
(1) Sell such property at public auction or by sealed bid 185
to the highest bidder, after giving at least ten days' notice of 186
the time, place, and manner of sale by posting a typewritten or 187
printed notice in the offices of the county auditor and board. 188
In case the fair market value of the property to be sold pursuant 189
to this division is, in the opinion of the board, in excess of 190
two thousand dollars, notice. NOTICE of the time, place, and 191
manner of the sale shall also be published in a newspaper of 193
general circulation in the county at least ten days prior to such 194
THE sale, AND A TYPEWRITTEN OR PRINTED NOTICE OF THE TIME, PLACE, 195
AND MANNER OF THE SALE SHALL BE POSTED AT LEAST TEN DAYS BEFORE 196
THE SALE IN THE OFFICES OF THE COUNTY AUDITOR AND THE BOARD OF 197
COUNTY COMMISSIONERS. The board of county commissioners may 198
authorize the sale of such personal property without 199
advertisement or public notification and competitive bidding to 200
the federal government, state, or any political subdivision of 201
the state.
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If a board conducts a sale of personal property by sealed 203
bid, the form of the bid shall be as prescribed by the board, and 204
each bid shall contain the name of the person submitting it. Bids 206
received shall be opened and tabulated at the time stated in the 207
notice. The property shall be sold to the highest bidder, except 208
that the board may reject all bids and hold another sale, by 209
public auction or sealed bid, in the manner prescribed by this
section. 210
(2) Donate any motor vehicle that does not exceed four 212
thousand five hundred dollars in value to a nonprofit 213
organization exempt from federal income taxation pursuant to 26 214
U.S.C. 501(a) and (c)(3) for the purpose of meeting the 215
transportation needs of participants in the Ohio works first
program established under Chapter 5107. of the Revised Code and 216
participants in the prevention, retention, and contingency 217
program established under Chapter 5108. of the Revised Code. 218
(B) WHEN THE BOARD OF COUNTY COMMISSIONERS FINDS, BY 220
RESOLUTION, THAT THE COUNTY HAS PERSONAL PROPERTY, INCLUDING 221
MOTOR VEHICLES ACQUIRED FOR THE USE OF COUNTY OFFICERS AND 222
DEPARTMENTS, AND ROAD MACHINERY, EQUIPMENT, TOOLS, OR SUPPLIES, 223
WHICH IS NOT NEEDED FOR PUBLIC USE, OR IS OBSOLETE OR UNFIT FOR 224
THE USE FOR WHICH IT WAS ACQUIRED, AND WHEN THE FAIR MARKET VALUE
OF THE PROPERTY TO BE SOLD UNDER THIS DIVISION IS, IN THE OPINION 225
OF THE BOARD, TWO THOUSAND FIVE HUNDRED DOLLARS OR LESS, THE 226
BOARD MAY SELL THE PROPERTY BY PRIVATE SALE, WITHOUT 227
ADVERTISEMENT OR PUBLIC NOTIFICATION. NOTWITHSTANDING ANYTHING 228
TO THE CONTRARY IN DIVISION (A) OF THIS SECTION AND REGARDLESS OF 229
THE PROPERTY'S VALUE, THE BOARD MAY SELL PERSONAL PROPERTY NOT
NEEDED FOR PUBLIC USE OR OBSOLETE OR UNFIT FOR THE USE FOR WHICH 230
IT WAS ACQUIRED TO THE FEDERAL GOVERNMENT, THE STATE, OR ANY 231
POLITICAL SUBDIVISION OF THE STATE WITHOUT ADVERTISEMENT OR 232
PUBLIC NOTIFICATION.
(C) When a county officer or department head determines 234
that county-owned personal property under the jurisdiction of the 236
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officer or department head, including motor vehicles, road
machinery, equipment, tools, or supplies, is not of immediate 237
need, the county officer or department head may NOTIFY THE BOARD 238
OF COUNTY COMMISSIONERS AND THE BOARD MAY lease such personal 239
property to any municipal corporation, township, or other 240
political subdivision of the state. Such lease shall require the 241
county to be reimbursed under terms, conditions, and fees 242
established by the board of county commissioners, or under
contracts approved EXECUTED by the board. 243
(C)(D) Where the board finds, by resolution, that the 245
county has vehicles, equipment, or machinery which is not needed, 246
or is unfit for public use, and the board desires to sell such 247
vehicles, equipment, or machinery to the person or firm from 248
which it proposes to purchase other vehicles, equipment, or 249
machinery, the board may offer to sell the vehicles, equipment, 250
or machinery to such person or firm, and to have such selling 251
price credited to the person or firm against the purchase price 252
of other vehicles, equipment, or machinery. 253
(D)(E) Where the board advertises for bids for the sale of 255
new vehicles, equipment, or machinery to the county, it may 256
include in the same advertisement a notice of the willingness of 257
such board to accept bids for the purchase of county-owned 258
vehicles, equipment, or machinery which is obsolete or not needed 259
for public use, and to have the amount of such bids subtracted 260
from the selling price of the other vehicles, equipment, or 261
machinery as a means of determining the lowest responsible 262
bidder. 263
Sec. 505.10. The board of township trustees may accept, on 272
behalf of the township, the donation by bequest, devise, deed of 273
gift, or otherwise, of any property, real or personal, for any 274
township use. When the township has property, including motor 275
vehicles, road machinery, equipment, and tools, which the board, 276
by resolution, finds it does not need, the board may sell and 277
convey such property. Except as otherwise provided in division 278
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(C)(A) OR (B) of this section and in sections 505.08 and 505.101 281
of the Revised Code, the sale must be by public auction and upon 282
notice thereof being given as follows:
(A) If the fair market value of the property to be sold 284
is, in the opinion of the board, two thousand dollars or less, 285
the board shall post a typewritten or printed notice of the time, 286
place, and manner of the sale in the office of the board for at 287
least ten days prior to the sale. The board shall not hold in 288
any calendar month more than one sale for which notice is given 289
under this division, and each such sale shall be held on the same 290
day of the week, at the same time of day, and at the same place. 291
(B) If the fair market value of the property to be sold 293
is, in the opinion of the board, in excess of two thousand FIVE 294
HUNDRED dollars, the board shall post notice as provided in 295
division (A) of this section and shall publish notice of the 296
time, place, and manner of the sale once a week for three weeks 297
in a newspaper published, or of general circulation, in such THE 298
township, the last of such publications to be at least five days 300
before the date of sale, AND SHALL POST A TYPEWRITTEN OR PRINTED 301
NOTICE OF THE TIME, PLACE, AND MANNER OF THE SALE IN THE OFFICE 302
OF THE BOARD FOR AT LEAST TEN DAYS PRIOR TO THE SALE. IF THE 303
FAIR MARKET VALUE OF THE PROPERTY TO BE SOLD IS, IN THE OPINION 304
OF THE BOARD, TWO THOUSAND FIVE HUNDRED DOLLARS OR LESS, THE
BOARD MAY SELL THE PROPERTY BY PRIVATE SALE, WITHOUT 305
ADVERTISEMENT OR PUBLIC NOTIFICATION. 306
Where the board finds, by resolution, that the township has 308
motor vehicles, road machinery, equipment, or tools which are not 309
needed, or which are unfit for public use, and the board wishes 310
to sell such motor vehicles, road machinery, equipment, or tools 311
to the person or firm from which it proposes to purchase other 312
motor vehicles, road machinery, equipment, or tools, the board 313
may offer to sell the motor vehicles, road machinery, equipment, 314
or tools to such person or firm, and to have such selling price 315
credited to the person or firm against the purchase price of 316
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other motor vehicles, road machinery, equipment, or tools. 317
Where the board advertises for bids for the sale of new 319
motor vehicles, road machinery, equipment, or tools to the 320
township, it may include in the same advertisement a notice of 321
the willingness of the board to accept bids for the purchase of 322
township-owned motor vehicles, road machinery, equipment, or 323
tools, which are obsolete or not needed for public use, and to 324
have the amount of such bids subtracted from the selling price of 325
the new motor vehicles, road machinery, equipment, or tools, as a 326
means of determining the lowest responsible bidder. 327
When a township has title to real property, the board of 329
such township may, by resolution, authorize the transfer and 330
conveyance of such property to any other political subdivision of 331
the state upon such terms as are agreed to between such board and 332
the legislative authority of such political subdivision. 333
(C)(B) When the board has offered property at public 335
auction under this section and has not received an acceptable 337
offer, the board, by resolution, may enter into a contract, 338
without advertising or bidding, for the sale of that property. 339
The resolution shall specify a minimum acceptable price and the 340
minimum acceptable terms for the contract. The minimum
acceptable price shall not be lower than the minimum price 341
established for the public auction. 342
Section 2. That existing sections 307.12 and 505.10 of the 344
Revised Code are hereby repealed. 345