Sec. 307.12. (A) Except as otherwise provided in
division | 9 |
divisions
(B), (C), and (E) of this section, when the board of | 10 |
county commissioners
finds, by resolution, that the county has | 11 |
personal property,
including motor vehicles acquired for the use | 12 |
of county officers
and departments, and road machinery, equipment, | 13 |
tools, or
supplies, which is not needed for public use, or is | 14 |
obsolete or
unfit for the use for which it was acquired, and when | 15 |
the fair
market value of the property to be sold under this | 16 |
division is, in the opinion
of the board, in excess of two | 17 |
thousand five hundred dollars, the board
may do either of the | 18 |
following: | 19 |
(1) Sell
suchthe property at public auction or by sealed | 20 |
bid to the highest
bidder. Notice of the time, place, and
manner | 21 |
of the
sale shall
also be published in a newspaper of general | 22 |
circulation in the county at least ten days prior to the
sale, and | 23 |
a typewritten or printed notice of the time, place, and
manner of | 24 |
the sale shall be posted at least ten days before the sale in the | 25 |
offices of the county auditor and the board of county | 26 |
commissioners. | 27 |
If a board conducts a sale of
personal property by sealed | 28 |
bid, the form of the bid shall be as prescribed by the board, and | 29 |
each bid shall contain the name of the person submitting it. Bids | 30 |
received
shall be opened and tabulated at the time stated in
the | 31 |
notice. The property shall be sold to the highest bidder,
except | 32 |
that the board may reject all bids and hold another sale,
by | 33 |
public auction or sealed bid, in the manner prescribed by this | 34 |
section. | 35 |
(B) When the board of county commissioners finds, by | 44 |
resolution, that the
county has personal property, including motor | 45 |
vehicles acquired for the use of
county officers and departments, | 46 |
and road machinery, equipment, tools, or
supplies, which is not | 47 |
needed for public use, or is obsolete or unfit
for the use for | 48 |
which it was acquired, and when the fair market value of the | 49 |
property to be sold under this division is, in the opinion of the | 50 |
board, two
thousand five hundred dollars or less, the board may | 51 |
sell the property by
private sale, without advertisement or public | 52 |
notification. | 53 |
(C)
Notwithstanding anything to the contrary in division
(A), | 60 |
(B), or (E) of this section and regardless of the property's | 61 |
value, the board of county commissioners may sell personal | 62 |
property, including motor vehicles acquired for the use of county | 63 |
officers and departments, and road machinery, equipment, tools, or | 64 |
supplies, which is not needed for public use, or is obsolete or | 65 |
unfit for the use for which it was acquired, by internet auction. | 66 |
The board shall adopt, during each calendar year, a resolution | 67 |
expressing its intent to sell that property by internet auction. | 68 |
The resolution shall include a description of how the auctions | 69 |
will be conducted and shall specify the number of days for bidding | 70 |
on the property, which shall be no less than fifteen days, | 71 |
including
Saturdays, Sundays, and legal holidays. The resolution | 72 |
shall
indicate whether the county will conduct the auction or the | 73 |
board will contract with a representative to
conduct the auction | 74 |
and shall establish the general terms and
conditions of sale. If | 75 |
a representative is known when
the resolution is adopted, the | 76 |
resolution shall provide contact
information such as the | 77 |
representative's name, address, and telephone
number. | 78 |
After adoption of the resolution, the board shall
publish, in | 79 |
a newspaper of general circulation in the
county, notice of
its | 80 |
intent to sell unneeded, obsolete, or unfit county
personal | 81 |
property by internet auction. The notice shall include a
summary | 82 |
of the information provided in the resolution and shall be | 83 |
published at least twice. The second and any subsequent notice | 84 |
shall be published not less than ten nor more than twenty days | 85 |
after the previous notice. A similar notice also shall be posted | 86 |
continually throughout the calendar year in a conspicuous place in | 87 |
the offices of the county auditor and the board of county | 88 |
commissioners, and, if the county maintains a website on the | 89 |
internet, the notice shall be posted continually throughout the | 90 |
calendar year at that website. | 91 |
When property is to be sold by internet auction, the board or | 92 |
its representative may establish a minimum price that
will be | 93 |
accepted for specific items and may establish any other
terms and | 94 |
conditions for the particular sale, including
requirements for | 95 |
pick-up or delivery, method of payment, and sales
tax. This type | 96 |
of information shall be provided on the internet
at the time of | 97 |
the auction and may be provided before that time
upon request | 98 |
after the terms and conditions have been determined
by the board | 99 |
or its representative. | 100 |
(D) When a county
officer or department head determines
that | 101 |
county-owned personal
property under the jurisdiction
of the | 102 |
officer or department head,
including motor vehicles, road | 103 |
machinery, equipment, tools, or
supplies, is not of immediate | 104 |
need, the county
officer or
department head may notify the board | 105 |
of county
commissioners,
and
the board may lease
suchthat | 106 |
personal property to any municipal
corporation, township, or other | 107 |
political subdivision of the
state.
SuchThe
lease shall require | 108 |
the county to be reimbursed
under terms, conditions, and
fees | 109 |
established by the board
of
county commissioners, or under | 110 |
contracts
executed by the board. | 111 |
(D) Where(E) If the board
of county commissioners finds, | 112 |
by resolution, that the county
has vehicles, equipment, or | 113 |
machinery which is not needed, or is
unfit for public use, and the | 114 |
board desires to sell
suchthe
vehicles, equipment, or machinery | 115 |
to the person or firm from
which it proposes to purchase other | 116 |
vehicles, equipment, or
machinery, the board may offer to sell the | 117 |
vehicles, equipment,
or machinery to
suchthat person or firm, and | 118 |
to have
suchthe selling
price credited to the person or firm | 119 |
against the purchase price
of other vehicles, equipment, or | 120 |
machinery. | 121 |
(E) Where(F) If the board
of county commissioners | 122 |
advertises for bids for the sale of
new vehicles, equipment, or | 123 |
machinery to the county, it may
include in the same advertisement | 124 |
a notice of the willingness of
suchthe board to accept bids for | 125 |
the purchase of county-owned
vehicles, equipment, or machinery | 126 |
which is obsolete or not needed
for public use, and to have the | 127 |
amount of
suchthose bids subtracted
from the selling price of the | 128 |
other vehicles, equipment, or
machinery as a means of determining | 129 |
the lowest responsible
bidder. | 130 |
Sec. 505.10. The board of township trustees may accept, on | 140 |
behalf of the township, the donation by bequest, devise, deed of | 141 |
gift, or otherwise, of any
property, real or personal,property | 142 |
for any
township use. When the township has property, including | 143 |
motor
vehicles, road machinery, equipment, and tools, which the | 144 |
board,
by resolution, finds it does not need
for public use, are | 145 |
obsolete, or are unfit for the use for which they were acquired, | 146 |
the board may sell and
convey
suchthat property
or otherwise | 147 |
dispose of it in accordance with this section. Except as | 148 |
otherwise provided
in division (A) or (B)
of this section and
in | 149 |
sections
505.08 and 505.101 of the Revised Code, the sale
mustor | 150 |
other disposition of unneeded, obsolete, or unfit property shall | 151 |
be
by
public auction and upon notice thereof being given as | 152 |
followsmade in accordance with one of the following: | 153 |
(A)(1) If the fair market value of
the property to be sold | 154 |
is, in the opinion of the board, in excess of two thousand five | 155 |
hundred
dollars, the board shall publish notice of the time, | 156 |
place, and
manner of the sale once a week for three weeks in a | 157 |
newspaper
published, or of general circulation, in the township, | 158 |
the
last
of
suchthose publications to be at least five days | 159 |
before the date of
sale, and shall post a typewritten or printed | 160 |
notice of the time,
place, and manner of the sale in the office of | 161 |
the board for at least ten days
prior to the sale.
If | 162 |
Where(3) If the board finds, by resolution, that the | 167 |
township has
motor vehicles, road machinery, equipment, or tools | 168 |
which are not
needed, or
which are unfit for public use, and the | 169 |
board wishes
to sell
suchthe motor vehicles, road machinery, | 170 |
equipment, or tools
to the person or firm from which it proposes | 171 |
to purchase other
motor vehicles, road machinery, equipment, or | 172 |
tools, the board
may offer to sell the motor vehicles, road | 173 |
machinery, equipment,
or tools to
suchthat person or firm, and to | 174 |
have
suchthe selling price
credited to the person or firm against | 175 |
the purchase price of
other motor vehicles, road machinery, | 176 |
equipment, or tools. | 177 |
Where(4) If the board advertises for bids for the sale of | 178 |
new
motor vehicles, road machinery, equipment, or tools to the | 179 |
township, it may include in the same advertisement a notice of
the | 180 |
willingness of the board to accept bids for the purchase of | 181 |
township-owned motor vehicles, road machinery, equipment, or | 182 |
tools, which are obsolete or not needed for public use, and to | 183 |
have the amount of
suchthose bids subtracted from the selling | 184 |
price of
the new motor vehicles, road machinery, equipment, or | 185 |
tools, as a
means of determining the lowest responsible bidder. | 186 |
(B) When the board has offered property at public auction | 198 |
under
this section and has not received an acceptable offer, the | 199 |
board, by
resolution, may enter into a contract, without | 200 |
advertising or bidding, for the
sale of that property. The | 201 |
resolution shall specify a minimum acceptable
price and the | 202 |
minimum acceptable terms for the contract. The minimum
acceptable | 203 |
price shall not be lower than the minimum price established for | 204 |
the
public auction. | 205 |
(C) Notwithstanding anything to the contrary in division
(A) | 206 |
or (B) of this section and regardless of the property's value,
the | 207 |
board of township trustees may sell personal property,
including | 208 |
motor vehicles, road machinery, equipment, tools, or
supplies, | 209 |
which is not needed for public use, or is obsolete or
unfit for | 210 |
the use for which it was acquired, by internet auction.
The board | 211 |
shall adopt, during each calendar year, a resolution
expressing | 212 |
its intent to sell that property by internet auction.
The | 213 |
resolution shall include a description of how the auctions
will be | 214 |
conducted and shall specify the number of days for bidding
on the | 215 |
property, which shall be no less than fifteen days,
including | 216 |
Saturdays, Sundays, and legal holidays. The resolution
shall | 217 |
indicate whether the township will conduct the auction or
the | 218 |
board will contract with a representative to conduct the
auction | 219 |
and shall establish the general terms and
conditions of
sale. If | 220 |
a representative is known when
the resolution is
adopted, the | 221 |
resolution shall provide contact
information such as
the | 222 |
representative's name, address, and telephone
number. | 223 |
After adoption of the resolution, the board shall
publish, in | 224 |
a newspaper of general circulation in the township, notice of its | 225 |
intent to sell unneeded, obsolete, or unfit township personal | 226 |
property by internet auction. The notice shall include a
summary | 227 |
of the information provided in the resolution and shall be | 228 |
published at least twice. The second and any subsequent notice | 229 |
shall be published not less than ten nor more than twenty days | 230 |
after the previous notice. A clerk also shall post a similar | 231 |
notice throughout the calendar year in a conspicuous place in the | 232 |
board's office and, if the township maintains a website on the | 233 |
internet, the notice shall be posted continually throughout the | 234 |
calendar year at that website. | 235 |
When property is to be sold by internet auction, the board or | 236 |
its representative may establish a minimum price that
will be | 237 |
accepted for specific items and may establish any other
terms and | 238 |
conditions for the particular sale, including
requirements for | 239 |
pick-up or delivery, method of payment, and sales
tax. This type | 240 |
of information shall be provided on the internet
at the time of | 241 |
the auction and may be provided before that time
upon request | 242 |
after the terms and conditions have been determined
by the board | 243 |
or its representative. | 244 |
Sec. 721.15. (A) Personal property not needed for municipal | 245 |
purposes, the estimated value of which is less than one thousand | 246 |
dollars, may be sold by the board or officer having supervision
or | 247 |
management
thereofof that property. If the estimated value of | 248 |
suchthat property
exceedsis one thousand dollars
or more, it | 249 |
shall be sold only when
authorized by an ordinance of the | 250 |
legislative authority of the
municipal corporation and approved by | 251 |
the board, officer, or
director having supervision or management | 252 |
of
such personalthat
property. When so authorized
such, the | 253 |
board, officer, or director
shall make a written contract with the | 254 |
highest and best bidder
after advertisement for not less than two | 255 |
noror more than four
consecutive weeks in a newspaper of general | 256 |
circulation within
the municipal corporation, or with a board of | 257 |
county
commissioners upon such lawful terms as are agreed upon, as | 258 |
provided by section 721.27 of the Revised Code. | 259 |
(B) When the legislative authority finds, by resolution, | 260 |
that the
municipal corporation has vehicles, equipment, or | 261 |
machinery which
is
obsolete, or is not needed or is unfit for | 262 |
public use,
and further finds that
the municipal corporation has | 263 |
need of other vehicles, equipment,
or machinery of the same type, | 264 |
and
further finds that it will be
toin the best interest of the | 265 |
municipal corporation that
suchthe sale
of obsolete, unneeded, or | 266 |
unfit vehicles, equipment, or machinery
be made simultaneously | 267 |
with the purchase of the new vehicles,
equipment, or machinery of | 268 |
the same type,
saidthe legislative
authority may offer to sell, | 269 |
or authorize a board, officer, or
director of
saidthe municipal | 270 |
corporation having supervision or
management of
saidthe property | 271 |
to offer to sell,
saidthose vehicles,
equipment, or machinery and | 272 |
to have the selling price
for the same
credited against the | 273 |
purchase price of other vehicles,
equipment, or machinery and to | 274 |
consummate
suchthe sale and purchase
by a single contract with | 275 |
the lowest and best bidder to be
determined by subtracting from | 276 |
the selling price of the vehicles,
equipment, or machinery to be | 277 |
purchased by
saidthe municipal
corporation the purchase price | 278 |
offered for
saidthe municipally-owned
vehicles, equipment, or | 279 |
machinery. When the legislative
authority or the authorized | 280 |
board, officer, or director of a
municipal corporation advertises | 281 |
for bids for the sale of new
vehicles, equipment, or machinery to | 282 |
the municipal corporation,
they may include in the same | 283 |
advertisement a notice of
willingness to accept bids for the | 284 |
purchase of municipally-owned
vehicles, equipment, or machinery | 285 |
which is obsolete,
unfit, or
is
not needed
or is unfit for public | 286 |
use, and to have the amount of
suchthose bids
subtracted from the | 287 |
selling price as a means of determining the
lowest and best | 288 |
bidder. | 289 |
(D) Notwithstanding anything to the contrary in division
(A) | 295 |
or (B) of this section and regardless of the property's value,
the | 296 |
legislative authority of a municipal corporation may sell
personal | 297 |
property, including motor vehicles acquired for the use
of | 298 |
municipal officers and departments, and road machinery,
equipment, | 299 |
tools, or supplies, which is not needed for public use,
or is | 300 |
obsolete or unfit for the use for which it was acquired, by | 301 |
internet auction. The legislative authority shall adopt, during | 302 |
each calendar year, a resolution expressing its intent to sell | 303 |
that property by internet auction.
The resolution shall include a | 304 |
description of how the auctions
will be conducted and shall | 305 |
specify the number of days for bidding
on the property, which | 306 |
shall be no less than fifteen days, including
Saturdays, Sundays, | 307 |
and legal holidays. The resolution shall indicate whether the | 308 |
municipal corporation will conduct the auction or the legislative | 309 |
authority will contract with a representative to conduct the | 310 |
auction and shall establish the general terms and
conditions of | 311 |
sale. If a representative is known when
the resolution is | 312 |
adopted, the resolution shall provide contact
information such as | 313 |
the representative's name, address, and telephone
number. | 314 |
After adoption of the resolution, the legislative authority | 315 |
shall publish, in a newspaper of general circulation in the | 316 |
municipal corporation, notice of its intent to sell unneeded, | 317 |
obsolete, or unfit municipal personal property by internet | 318 |
auction. The notice shall include a
summary
of the information | 319 |
provided in the resolution and shall be
published at least twice. | 320 |
The second and any subsequent notice
shall be published not less | 321 |
than ten nor more than twenty days
after the previous notice. A | 322 |
similar notice also shall be posted
continually throughout the | 323 |
calendar year in a conspicuous place in the offices of the village | 324 |
clerk or city auditor, and the legislative authority, and, if the | 325 |
municipal corporation maintains a website on the internet, the | 326 |
notice shall be posted continually throughout the calendar year at | 327 |
that website. | 328 |
When the property is to be sold by internet auction, the | 329 |
legislative authority or its representative may establish a | 330 |
minimum
price that
will be accepted for specific items and may | 331 |
establish
any other
terms and conditions for the particular sale, | 332 |
including
requirements for pick-up or delivery, method of payment, | 333 |
and sales
tax. This type of information shall be provided on the | 334 |
internet
at the time of the auction and may be provided before | 335 |
that time
upon request after the terms and conditions have been | 336 |
determined
by the legislative authority or its representative. | 337 |