Sec. 307.12. (A) Except as otherwise provided in
divisions | 14 |
(B), (C),
and(D),
(E), and (G) of this section, when the board of | 15 |
county
commissioners
finds, by resolution, that the county has | 16 |
personal
property,
including motor vehicles acquired for the use | 17 |
of county
officers
and departments, and road machinery, equipment, | 18 |
tools, or
supplies, which is not needed for public use, or is | 19 |
obsolete, or is
unfit for the use for which it was acquired, and | 20 |
when
the fair
market value of the property to be sold
or donated | 21 |
under
this
division is, in
the opinion
of the board, in excess of | 22 |
two
thousand five hundred
dollars, the board
may do either of the | 23 |
following: | 24 |
(1) Sell
the property at public auction or by sealed
bid to | 25 |
the highest
bidder. Notice of the time, place, and
manner
of the | 26 |
sale shall
be published in a newspaper of general
circulation in | 27 |
the county at least ten days prior to the
sale, and
a typewritten | 28 |
or printed notice of the time, place, and
manner of
the sale shall | 29 |
be posted at least ten days before the sale in the
offices of the | 30 |
county auditor and the board of county
commissioners. | 31 |
If a board conducts a sale of
property by sealed
bid, the | 32 |
form of the bid shall be as prescribed by the board, and
each bid | 33 |
shall contain the name of the person submitting it. Bids
received | 34 |
shall be opened and tabulated at the time stated in
the
notice. | 35 |
The property shall be sold to the highest bidder,
except
that the | 36 |
board may reject all bids and hold another sale,
by
public auction | 37 |
or sealed bid, in the manner prescribed by this
section. | 38 |
(2) Donate any motor vehicle that does not exceed four | 39 |
thousand five hundred
dollars in value to a nonprofit organization | 40 |
exempt from federal income
taxation pursuant to 26 U.S.C. 501(a) | 41 |
and (c)(3) for the purpose of meeting
the transportation needs of | 42 |
participants in the Ohio works first program
established under | 43 |
Chapter 5107. of the Revised Code and participants in the | 44 |
prevention, retention, and contingency program established under | 45 |
Chapter 5108.
of the Revised Code. | 46 |
(B) When the board of county commissioners finds, by | 47 |
resolution, that the
county has personal property, including motor | 48 |
vehicles acquired for the use of
county officers and departments, | 49 |
and road machinery, equipment, tools, or
supplies, which is not | 50 |
needed for public use, or is obsolete, or is unfit
for the use for | 51 |
which it was acquired, and when the fair market value of the | 52 |
property to be sold
or donated under this division is, in the | 53 |
opinion of the
board, two
thousand five hundred dollars or less, | 54 |
the board may
selldo either of the following: | 55 |
(2) Donate the property to an eligible nonprofit
organization | 58 |
that is located in this state and is exempt from federal income | 59 |
taxation pursuant to 26
U.S.C. 501(a) and (c)(3). Before donating | 60 |
any property under this
division, the board shall adopt a | 61 |
resolution expressing its intent
to make unneeded, obsolete, or | 62 |
unfit-for-use county personal
property available to these | 63 |
organizations. The resolution shall
include guidelines and | 64 |
procedures the board considers necessary to implement a donation | 65 |
program under this division and
shall indicate whether the county | 66 |
will conduct the donation program or the board will contract with | 67 |
a
representative to conduct it. If a representative is known when | 68 |
the resolution is adopted, the resolution shall provide contact | 69 |
information such as the representative's name, address, and | 70 |
telephone number. | 71 |
The resolution shall include within its procedures a | 72 |
requirement that any nonprofit organization desiring to obtain | 73 |
donated property under this division shall submit a written notice | 74 |
to the board or its representative. The written notice shall | 75 |
include evidence that the organization is a nonprofit organization | 76 |
that is located in this state and is
exempt from federal income | 77 |
taxation pursuant to 26 U.S.C. 501(a)
and (c)(3); a description of | 78 |
the organization's primary purpose; a
description of the type or | 79 |
types of property the organization
needs; and the name, address, | 80 |
and telephone number of a person
designated by the organization's | 81 |
governing board to receive
donated property and to serve as its | 82 |
agent. | 83 |
After adoption of the resolution, the board shall publish, in | 84 |
a newspaper of general circulation in the county, notice of its | 85 |
intent to donate unneeded, obsolete, or unfit-for-use county | 86 |
personal property to eligible nonprofit organizations. The notice | 87 |
shall include a summary of the information provided in the | 88 |
resolution and shall be published at least twice. The second and | 89 |
any subsequent notice shall be published not less than ten nor | 90 |
more than twenty days after the previous notice. A similar notice | 91 |
also shall be posted continually in a conspicuous place in the | 92 |
offices of the county auditor and the board of county | 93 |
commissioners, and, if the county maintains a web site on the | 94 |
internet, the notice shall be posted continually at that web site. | 95 |
The board or its representative shall maintain a list of all | 96 |
nonprofit organizations that notify the board or its | 97 |
representative of their desire to obtain donated property under | 98 |
this division and that the board or its representative determines | 99 |
to be eligible, in accordance with the requirements set forth in | 100 |
this section and in
the donation program's guidelines and | 101 |
procedures, to receive
donated property. | 102 |
The board or its representatives also shall maintain a list | 103 |
of all county personal property the board finds to be unneeded, | 104 |
obsolete, or unfit for use and to be available for donation under | 105 |
this division. The list shall be posted continually in a | 106 |
conspicuous location in the offices of the county auditor and the | 107 |
board of county commissioners, and, if the county maintains a web | 108 |
site on the internet, the list shall be posted continually at that | 109 |
web site. An item of property on the list shall be donated to the | 110 |
eligible nonprofit organization that first declares to the board | 111 |
or its representative its desire to obtain the item unless the | 112 |
board previously has established, by resolution, a list of | 113 |
eligible nonprofit organizations that shall be given priority with | 114 |
respect to the item's donation. Priority may be given on the
basis | 115 |
that the purposes of a nonprofit organization have a direct | 116 |
relationship to specific public purposes of programs provided or | 117 |
administered by the board. A resolution giving priority to
certain | 118 |
nonprofit organizations with respect to the donation of an
item of | 119 |
property shall specify the reasons why the organizations
are given | 120 |
that priority. | 121 |
(C) Members of the board of county commissioners shall | 122 |
consult with the Ohio ethics commission, and comply with the | 123 |
provisions of Chapters 102. and 2921. of the Revised Code, with | 124 |
respect to any sale or donation under division (A) or (B) of this | 125 |
section to a nonprofit organization of which a county | 126 |
commissioner, any member of the county commissioner's family, or | 127 |
any business associate of the county commissioner is a trustee, | 128 |
officer, board member, or employee. | 129 |
(D) Notwithstanding
anything to the contrary in
division
(A), | 130 |
(B),
or
(C)(E) of this section and
regardless of the
property's | 131 |
value, the
board
of county commissioners may sell or
donate
county | 132 |
personal
property, including motor
vehicles,
to
the
federal | 133 |
government, the state, or
any political
subdivision of
the
state | 134 |
without advertisement or
public
notification. | 135 |
(C)(E)
Notwithstanding anything to the contrary in division | 136 |
(A),
(B), or
(E)(G) of this section and regardless of the | 137 |
property's
value, the board of county commissioners may sell | 138 |
personal
property, including motor vehicles acquired for the use | 139 |
of county
officers and departments, and road machinery, equipment, | 140 |
tools, or
supplies, which is not needed for public use, or is | 141 |
obsolete, or is
unfit for the use for which it was acquired, by | 142 |
internet auction.
The board shall adopt, during each calendar | 143 |
year, a resolution
expressing its intent to sell that property by | 144 |
internet auction.
The resolution shall include a description of | 145 |
how the auctions
will be conducted and shall specify the number of | 146 |
days for bidding
on the property, which shall be no less than | 147 |
fifteen days,
including
Saturdays, Sundays, and legal holidays. | 148 |
The resolution
shall
indicate whether the county will conduct the | 149 |
auction or the
board will contract with a representative to | 150 |
conduct the auction
and shall establish the general terms and | 151 |
conditions of sale. If
a representative is known when
the | 152 |
resolution is adopted, the
resolution shall provide contact | 153 |
information such as the
representative's name, address, and | 154 |
telephone
number. | 155 |
After adoption of the resolution, the board shall
publish, in | 156 |
a newspaper of general circulation in the
county, notice of
its | 157 |
intent to sell unneeded, obsolete, or unfit-for-use county | 158 |
personal
property by internet auction. The notice shall include a | 159 |
summary
of the information provided in the resolution and shall be | 160 |
published at least twice. The second and any subsequent notice | 161 |
shall be published not less than ten nor more than twenty days | 162 |
after the previous notice. A similar notice also shall be posted | 163 |
continually throughout the calendar year in a conspicuous place in | 164 |
the offices of the county auditor and the board of county | 165 |
commissioners, and, if the county maintains a
websiteweb site on | 166 |
the
internet, the notice shall be posted continually throughout | 167 |
the
calendar year at that
websiteweb site. | 168 |
When property is to be sold by internet auction, the board or | 169 |
its representative may establish a minimum price that
will be | 170 |
accepted for specific items and may establish any other
terms and | 171 |
conditions for the particular sale, including
requirements for | 172 |
pick-up or delivery, method of payment, and sales
tax. This type | 173 |
of information shall be provided on the internet
at the time of | 174 |
the auction and may be provided before that time
upon request | 175 |
after the terms and conditions have been determined
by the board | 176 |
or its representative. | 177 |
(D)(F) When a county
officer or department head determines | 178 |
that
county-owned personal
property under the jurisdiction
of the | 179 |
officer or department head,
including motor vehicles, road | 180 |
machinery, equipment, tools, or
supplies, is not of immediate | 181 |
need, the county
officer or
department head may notify the board | 182 |
of county
commissioners,
and
the board may lease
that
personal | 183 |
property to any municipal
corporation, township, or other | 184 |
political subdivision of the
state.
The
lease shall require
the | 185 |
county to be reimbursed
under terms, conditions, and
fees | 186 |
established by the board, or under
contracts
executed by the | 187 |
board. | 188 |
(E)(G) If the board
of county commissioners finds,
by | 189 |
resolution, that the county
has vehicles, equipment, or
machinery | 190 |
which is not needed, or is
unfit for public use, and the
board | 191 |
desires to sell
the
vehicles, equipment, or machinery
to the | 192 |
person or firm from
which it proposes to purchase other
vehicles, | 193 |
equipment, or
machinery, the board may offer to sell the
vehicles, | 194 |
equipment,
or machinery to
that person or firm, and
to have
the | 195 |
selling
price credited to the person or firm
against the purchase | 196 |
price
of other vehicles, equipment, or
machinery. | 197 |
(F)(H) If the board
of county commissioners
advertises for | 198 |
bids
for the sale of
new vehicles, equipment, or
machinery to the | 199 |
county, it may
include in the same advertisement
a notice of the | 200 |
willingness of
the board to accept bids for
the purchase of | 201 |
county-owned
vehicles, equipment, or machinery
which is obsolete | 202 |
or not needed
for public use, and to have the
amount of
those
bids | 203 |
subtracted
from the selling price of the
other vehicles, | 204 |
equipment, or
machinery as a means of determining
the lowest | 205 |
responsible
bidder. | 206 |
Sec. 505.10. (A) The board of township trustees may accept, | 216 |
on
behalf of the township, the donation by bequest, devise, deed | 217 |
of
gift, or otherwise, of any
real or personal
property
for any | 218 |
township use. When the township has property, including
motor | 219 |
vehicles, road machinery, equipment, and tools, which the
board, | 220 |
by resolution, finds is not needed
for public use,
is
obsolete, or
| 221 |
is unfit for the use for which
it was
acquired,
the board may sell | 222 |
and
convey
that property
or
otherwise
dispose
of it in accordance | 223 |
with this section. Except
as
otherwise
provided
in
sections | 224 |
505.08, 505.101, and
505.102 of the
Revised Code,
the sale
or | 225 |
other disposition of
unneeded, obsolete,
or unfit-for-use
property | 226 |
shall
be
made in accordance
with one of the
following: | 227 |
(A)(1) If the fair market value of
property to be sold
is,
in | 228 |
the opinion of the board, in excess of two thousand five
hundred | 229 |
dollars, the
sale shall be by public auction or by sealed bid to | 230 |
the highest bidder. The
board
shall publish notice of the time, | 231 |
place, and
manner of the
sale
once a week for three weeks in a | 232 |
newspaper
published, or of
general circulation, in the township, | 233 |
the
last
of
those
publications to be at least five days
before
the | 234 |
date of
sale, and
shall post a typewritten or printed
notice
of | 235 |
the time,
place, and
manner of the sale in the office of
the
board | 236 |
for at least ten
days
prior to the sale. | 237 |
If the board conducts the sale of the property by sealed bid, | 238 |
the form of the bid shall be as prescribed by the board, and each | 239 |
bid shall contain the name of the person submitting it. Bids | 240 |
received shall be opened and tabulated at the time stated in the | 241 |
published and posted notices. The property shall be sold to the | 242 |
highest bidder, except that the board may reject all bids and hold | 243 |
another sale, by public auction or sealed bid, in the manner | 244 |
prescribed by this section. | 245 |
(b) Donate the property to an eligible nonprofit
organization | 251 |
that is located in this state and is exempt from federal income | 252 |
taxation pursuant to 26
U.S.C. 501(a) and (c)(3). Before donating | 253 |
any property under this
division, the board shall adopt a | 254 |
resolution expressing its intent
to make unneeded, obsolete, or | 255 |
unfit-for-use township property
available to these organizations. | 256 |
The resolution shall include
guidelines and procedures the board | 257 |
considers to be necessary to
implement the donation program and | 258 |
shall indicate whether the
township will conduct the donation | 259 |
program or the board will
contract with a representative to | 260 |
conduct it. If a representative
is known when the resolution is | 261 |
adopted, the resolution shall
provide contact information such as | 262 |
the representative's name,
address, and telephone number. | 263 |
The resolution shall include within its procedures a | 264 |
requirement that any nonprofit organization desiring to obtain | 265 |
donated property under this division shall submit a written notice | 266 |
to the board or its representative. The written notice shall | 267 |
include evidence that the organization is a nonprofit organization | 268 |
that is located in this state and is
exempt from federal income | 269 |
taxation pursuant to 26 U.S.C. 501(a)
and (c)(3); a description of | 270 |
the organization's primary purpose; a
description of the type or | 271 |
types of property the organization
needs; and the name, address, | 272 |
and telephone number of a person
designated by the organization's | 273 |
governing board to receive
donated property and to serve as its | 274 |
agent. | 275 |
After adoption of the resolution, the board shall publish, in | 276 |
a newspaper of general circulation in the township, notice of its | 277 |
intent to donate unneeded, obsolete, or unfit-for-use township | 278 |
property to eligible nonprofit organizations. The notice shall | 279 |
include a summary of the information provided in the resolution | 280 |
and shall be published at least twice. The second and any | 281 |
subsequent notice shall be published not less than ten nor more | 282 |
than twenty days after the previous notice. A similar notice also | 283 |
shall be posted continually in the board's office, and, if the | 284 |
township maintains a web site on the internet, the notice shall be | 285 |
posted continually at that web site. | 286 |
The board or its representatives shall maintain a list of all | 287 |
nonprofit organizations that notify the board or its | 288 |
representative of their desire to obtain donated property under | 289 |
this division and that the board or its representative determines | 290 |
to be eligible, in accordance with the requirements set forth in | 291 |
this section and in
the donation program's guidelines and | 292 |
procedures, to receive
donated property. | 293 |
The board or its representative also shall maintain a list of | 294 |
all township property the board finds to be unneeded, obsolete, or | 295 |
unfit for use and to be available for donation under this | 296 |
division. The list shall be posted continually in a conspicuous | 297 |
location in the board's office, and, if the township maintains a | 298 |
web site on the internet, the list shall be posted continually at | 299 |
that web site. An item of property on the list shall be donated
to | 300 |
the eligible nonprofit organization that first declares to the | 301 |
board or its representative its desire to obtain the item unless | 302 |
the board previously has established, by resolution, a list of | 303 |
eligible nonprofit organizations that shall be given priority with | 304 |
respect to the item's donation. Priority may be given on the
basis | 305 |
that the purposes of a nonprofit organization have a direct | 306 |
relationship to specific public purposes of programs provided or | 307 |
administered by the board. A resolution giving priority to
certain | 308 |
nonprofit organizations with respect to the donation of an
item of | 309 |
property shall specify the reasons why the organizations
are given | 310 |
that priority. | 311 |
(3) If the board finds, by resolution, that the
township has | 312 |
motor vehicles, road machinery, equipment, or tools
which are not | 313 |
needed or
are unfit for public use, and the
board wishes
to sell
| 314 |
the motor vehicles, road machinery,
equipment, or tools
to the | 315 |
person or firm from which it proposes
to purchase other
motor | 316 |
vehicles, road machinery, equipment, or
tools, the board
may offer | 317 |
to sell the motor vehicles, road
machinery, equipment,
or tools to
| 318 |
that person or firm, and to
have
the selling price
credited to
the | 319 |
person or firm against
the purchase price of
other motor
vehicles, | 320 |
road machinery,
equipment, or tools. | 321 |
(4) If the board advertises for bids for the sale of
new | 322 |
motor vehicles, road machinery, equipment, or tools to the | 323 |
township, it may include in the same advertisement a notice of
the | 324 |
willingness of the board to accept bids for the purchase of | 325 |
township-owned motor vehicles, road machinery, equipment, or
tools | 326 |
which are obsolete or not needed for public use, and to
have the | 327 |
amount of
those bids subtracted from the selling
price of
the new | 328 |
motor vehicles, road machinery, equipment, or
tools, as a
means of | 329 |
determining the lowest responsible bidder. | 330 |
(B) When the board has offered property at public auction | 347 |
under
this section and has not received an acceptable offer, the | 348 |
board, by
resolution, may enter into a contract, without | 349 |
advertising or bidding, for the
sale of that property. The | 350 |
resolution shall specify a minimum acceptable
price and the | 351 |
minimum acceptable terms for the contract. The minimum
acceptable | 352 |
price shall not be lower than the minimum price established for | 353 |
the
public auction. | 354 |
(C) Members of the board shall consult with the Ohio ethics | 355 |
commission and comply with the provisions of Chapters 102. and | 356 |
2921. of the Revised Code, with respect to any sale or donation | 357 |
under division (A)(2) of this section to a nonprofit organization | 358 |
of which a township trustee, any member of the township trustee's | 359 |
family, or any business associate of the township trustee is a | 360 |
trustee, officer, board member, or employee. | 361 |
(D) Notwithstanding anything to the contrary in division
(A) | 362 |
or (B) of this section and regardless of the property's value,
the | 363 |
board may sell personal property,
including
motor vehicles, road | 364 |
machinery, equipment, tools, or
supplies,
which is not needed for | 365 |
public use, or is obsolete, or is
unfit for
the use for which it | 366 |
was acquired, by internet auction.
The board
shall adopt, during | 367 |
each calendar year, a resolution
expressing
its intent to sell | 368 |
that property by internet auction.
The
resolution shall include a | 369 |
description of how the auctions
will be
conducted and shall | 370 |
specify the number of days for bidding
on the
property, which | 371 |
shall be no less than fifteen days,
including
Saturdays, Sundays, | 372 |
and legal holidays. The resolution
shall
indicate whether the | 373 |
township will conduct the auction or
the
board will contract with | 374 |
a representative to conduct the
auction
and shall establish the | 375 |
general terms and
conditions of
sale. If
a representative is known | 376 |
when
the resolution is
adopted, the
resolution shall provide | 377 |
contact
information such as
the
representative's name, address, | 378 |
and telephone
number. | 379 |
After adoption of the resolution, the board shall
publish, in | 380 |
a newspaper of general circulation in the township, notice of its | 381 |
intent to sell unneeded, obsolete, or unfit-for-use township | 382 |
personal
property by internet auction. The notice shall include a | 383 |
summary
of the information provided in the resolution and shall be | 384 |
published at least twice. The second and any subsequent notice | 385 |
shall be published not less than ten nor more than twenty days | 386 |
after the previous notice. A clerk also shall post a similar | 387 |
notice also shall be posted continually throughout the calendar | 388 |
year in a conspicuous place in the
board's office, and, if the | 389 |
township maintains a web site on the
internet, the notice shall be | 390 |
posted continually throughout the
calendar year at that web site. | 391 |
When property is to be sold by internet auction, the board or | 392 |
its representative may establish a minimum price that
will be | 393 |
accepted for specific items and may establish any other
terms and | 394 |
conditions for the particular sale, including
requirements for | 395 |
pick-up or delivery, method of payment, and sales
tax. This type | 396 |
of information shall be provided on the internet
at the time of | 397 |
the auction and may be provided before that time
upon request | 398 |
after the terms and conditions have been determined
by the board | 399 |
or its representative. | 400 |
Sec. 3313.41. (A) Except as provided in divisions (C),
(D), | 405 |
(F), and (G) of this section, when a board of education
decides to | 406 |
dispose of real or personal property that it owns in
its corporate | 407 |
capacity, and that exceeds in value ten thousand
dollars, it
shall | 408 |
sell the property at public auction, after
giving at least
thirty | 409 |
days' notice of the auction by publication
in a newspaper
of | 410 |
general circulation or by posting notices in
five of the most | 411 |
public places in the school district in which the
property, if it | 412 |
is real property, is situated, or, if it is
personal property, in | 413 |
the school district of the board of
education that owns the | 414 |
property. The board may offer real
property for sale as an
entire | 415 |
tract or in parcels. | 416 |
(B) When the board of education has offered real or
personal | 417 |
property for sale at public auction at least once pursuant to | 418 |
division
(A) of this section, and the property has not been sold, | 419 |
the
board may sell it at a private sale. Regardless of how it was | 420 |
offered at public auction, at a private sale, the board shall, as | 421 |
it considers best, sell real property as an entire tract or in | 422 |
parcels, and personal property in a single lot or in several
lots. | 423 |
(C) If a board of education decides to dispose of real or | 424 |
personal property that it owns in its corporate capacity and that | 425 |
exceeds in value ten thousand dollars, it may sell the property
to | 426 |
the adjutant general; to any subdivision or taxing authority as | 427 |
respectively defined in divisions (A) and (C) of section 5705.01 | 428 |
of the
Revised Code, township park district, board of park | 429 |
commissioners
established under Chapter 755. of the Revised Code, | 430 |
or park
district established under Chapter 1545. of the Revised | 431 |
Code; to
a wholly or partially tax-supported university, | 432 |
university
branch, or college; or to the board of
trustees of a | 433 |
school district library, upon such terms as are
agreed upon. The | 434 |
sale of real or personal property to the board
of trustees of a | 435 |
school district library is limited, in the case
of real property, | 436 |
to a school district library within whose
boundaries the real | 437 |
property is situated, or, in the case of
personal property, to a | 438 |
school district library whose boundaries
lie in whole or in part | 439 |
within the school district of the selling
board of education. | 440 |
(F) When a board of education has identified a parcel of
real | 449 |
property that it determines is needed for school purposes,
the | 450 |
board may, upon a majority vote of the members of the board, | 451 |
acquire that property by exchanging real property that the board | 452 |
owns in its corporate capacity for the identified real property or | 453 |
by using real property that the board owns in its corporate | 454 |
capacity as part or an entire consideration for the purchase price | 455 |
of the
identified real property. Any exchange or acquisition made | 456 |
pursuant to this
division shall be made by a conveyance executed | 457 |
by the president and the
treasurer of the board. | 458 |
(G) When a school district board of education decides to | 459 |
dispose of real property suitable for use as classroom space, | 460 |
prior to disposing of suchthat property under divisiondivisions | 461 |
(A) throughto (F)
of this section, it shall first offer that | 462 |
property for sale to
the governing authorities of the start-up | 463 |
community schools,
established under Chapter 3314. of the Revised | 464 |
Code and located
within the territory of the school district, at a | 465 |
price that is
not higher than the appraised fair
market value of | 466 |
that property.
If more than one community school
governing | 467 |
authority accepts the
offer made by the school district
board,
the | 468 |
board shall sell the
property to the governing authority that | 469 |
accepted the offer first
in time. If no
community school governing | 470 |
authority accepts
the
offer within sixty days after the offer is | 471 |
made by the school
district board, the board may dispose of the | 472 |
property in the
applicable manner prescribed under divisions (A) | 473 |
to (F) of this
section. | 474 |
(H) When a school district board of education has property | 475 |
that the board, by resolution, finds is not needed for school | 476 |
district use, is obsolete, or is unfit for the use for which it | 477 |
was acquired, the board may donate that property in accordance | 478 |
with this division if the fair market value of the property is, in | 479 |
the opinion of the board, two thousand five hundred dollars or | 480 |
less. | 481 |
The property may be donated to an eligible nonprofit | 482 |
organization that is located in this state and is exempt from | 483 |
federal income taxation pursuant to 26 U.S.C. 501(a) and (c)(3). | 484 |
Before donating any property under this
division, the board shall | 485 |
adopt a resolution expressing its intent
to make unneeded, | 486 |
obsolete, or unfit-for-use school district property
available to | 487 |
these organizations. The resolution shall include
guidelines and | 488 |
procedures the board considers to be necessary to
implement the | 489 |
donation program and shall indicate whether the
school district | 490 |
will conduct the donation program or the board will
contract with | 491 |
a representative to conduct it. If a representative
is known when | 492 |
the resolution is adopted, the resolution shall
provide contact | 493 |
information such as the representative's name,
address, and | 494 |
telephone number. | 495 |
The resolution shall include within its procedures a | 496 |
requirement that any nonprofit organization desiring to obtain | 497 |
donated property under this division shall submit a written notice | 498 |
to the board or its representative. The written notice shall | 499 |
include evidence that the organization is a nonprofit organization | 500 |
that is located in this state and is
exempt from federal income | 501 |
taxation pursuant to 26 U.S.C. 501(a)
and (c)(3); a description of | 502 |
the organization's primary purpose; a
description of the type or | 503 |
types of property the organization
needs; and the name, address, | 504 |
and telephone number of a person
designated by the organization's | 505 |
governing board to receive
donated property and to serve as its | 506 |
agent. | 507 |
After adoption of the resolution, the board shall publish, in | 508 |
a newspaper of general circulation in the school district, notice | 509 |
of its
intent to donate unneeded, obsolete, or unfit-for-use | 510 |
school district
property to eligible nonprofit organizations. The | 511 |
notice shall
include a summary of the information provided in the | 512 |
resolution
and shall be published at least twice. The second and | 513 |
any
subsequent notice shall be published not less than ten nor | 514 |
more
than twenty days after the previous notice. A similar notice | 515 |
also
shall be posted continually in the board's office, and, if | 516 |
the
school district maintains a web site on the internet, the | 517 |
notice shall be
posted continually at that web site. | 518 |
The board or its representatives shall maintain a list of all | 519 |
nonprofit organizations that notify the board or its | 520 |
representative of their desire to obtain donated property under | 521 |
this division and that the board or its representative determines | 522 |
to be eligible, in accordance with the requirements set forth in | 523 |
this section and in
the donation program's guidelines and | 524 |
procedures, to receive
donated property. | 525 |
The board or its representative also shall maintain a list of | 526 |
all school district property the board finds to be unneeded, | 527 |
obsolete, or
unfit for use and to be available for donation under | 528 |
this
division. The list shall be posted continually in a | 529 |
conspicuous
location in the board's office, and, if the school | 530 |
district maintains a
web site on the internet, the list shall be | 531 |
posted continually at
that web site. An item of property on the | 532 |
list shall be donated
to the eligible nonprofit organization that | 533 |
first declares to the
board or its representative its desire to | 534 |
obtain the item unless
the board previously has established, by | 535 |
resolution, a list of
eligible nonprofit organizations that shall | 536 |
be given priority with
respect to the item's donation. Priority | 537 |
may be given on the
basis that the purposes of a nonprofit | 538 |
organization have a direct
relationship to specific school | 539 |
district purposes of programs provided or
administered by the | 540 |
board. A resolution giving priority to
certain nonprofit | 541 |
organizations with respect to the donation of an
item of property | 542 |
shall specify the reasons why the organizations
are given that | 543 |
priority. | 544 |
Members of the board shall consult with the Ohio ethics | 545 |
commission, and comply with Chapters 102. and 2921. of the Revised | 546 |
Code, with respect to any donation under this division to a | 547 |
nonprofit organization of which a board member, any member of a | 548 |
board member's family, or any business associate of a board member | 549 |
is a trustee, officer, board member, or employee. | 550 |
Known as and being Lot Number One (1) in the Replat of Lots | 561 |
#273, 274, 275, 276, 277, 278, 279, 306, 307, 308, 309, 310, 311, | 562 |
& 312 and their corresponding vacated portions of Grove and High | 563 |
Alley's of the Addition of Smith, Cook, Robinson, Blakeley, | 564 |
Mansley, and Mitchell to East Liverpool, being a part of the City | 565 |
of East Liverpool, Columbiana County, State of Ohio. | 566 |
Known as and being part of lots #278 & 307 and all lots #273, | 572 |
274, 275, 276, 277, 308, 309, 310, 311, 312 of the Cook, Robinson, | 573 |
Blakely, Mansley & Mitchell Addition to the City of East | 574 |
Liverpool, as said addition is recorded in Deed Book 24, Page 430 | 575 |
at the Columbiana County Recorder's Office and also those portions | 576 |
of the vacated Grove and High Alley's adjacent to said lots and | 577 |
more fully described as follows: | 578 |
(E) Upon the conveyance to the state of the real estate | 624 |
described or referred to in division (B) of this section, the | 625 |
Auditor of State, with the assistance of the Attorney General, | 626 |
shall prepare a deed to the real estate described in division (A) | 627 |
of this section. The deed shall state the consideration. The deed | 628 |
shall be executed by the Governor in the name of the state, | 629 |
countersigned by the Secretary of State, sealed with the Great | 630 |
Seal of the State, presented in the Office of the Auditor of State | 631 |
for recording, and delivered to the East Liverpool Young Men's | 632 |
Christian Association. The East Liverpool Young Men's Christian | 633 |
Association shall present the deed for recording in the Office of | 634 |
the Columbiana County Recorder. | 635 |
(C) Upon payment of the purchase price by the purchaser, the | 650 |
Auditor of State, with the assistance of the Attorney General, | 651 |
shall prepare a deed to the real estate described in division (A) | 652 |
of this section. The deed shall state the consideration. The deed | 653 |
shall be executed by the Governor in the name of the state, | 654 |
countersigned by the Secretary of State, sealed with the Great | 655 |
Seal of the State, presented in the office of the Auditor of State | 656 |
for recording, and delivered to the purchaser. The purchaser shall | 657 |
present the deed for recording in the office of the Wood County | 658 |
Recorder. | 659 |