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(122nd General Assembly)(Amended Substitute Senate Bill Number 62)
AN ACT
To amend sections 307.12 and 505.10 and to enact sections 9.48 and 133.151 of
the Revised Code to authorize a county
or township to participate in contracts of other counties or
townships, or in
joint purchasing programs of a national or state association of political
subdivisions, for the acquisition of equipment, materials,
supplies, or
services, to authorize counties or townships to issue self-supporting
securities for the purpose of paying the costs of their own
and other
counties' or townships' permanent improvements, and to establish a fair
market value below which a county or township is not required
to conduct a
public auction for the sale of unnecessary personal property or sell it by
sealed bid and may sell it without public
notice.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1 . That sections 307.12 and 505.10 be amended and sections 9.48 and
133.151 of the Revised Code be enacted to read as follows:
Sec. 9.48. A county or township may do either of the following: (A) Permit one or more other
counties or townships to participate in contracts into which it
has entered for the acquisition of equipment, materials,
supplies, or services, and may charge such participating
counties or townships a reasonable fee to cover any additional costs
incurred as a result of their participation; (B) Participate in a joint purchasing program operated by or
through
a
national or state association of political subdivisions in which the
purchasing county or township is eligible for membership. Acquisition by a
county or township of equipment, material, supplies, or
services, through participation in a contract of another
county or township or participation in an association program under this
section, is exempt from any
competitive selection requirements otherwise required by law, if
the contract in which it is participating was awarded pursuant
to a competitive selection procedure, and, in the case of participation in a
joint purchasing program operated by or through a national or state
association of political subdivisions, if the program has employed a
competitive selection procedure substantially similar to the procedure that
would have been required of the purchasing county or township acting alone.
No county or township shall acquire equipment, materials, supplies, or
services by participating in a contract under this section if it has
received bids for such acquisition, unless its participation
enables it to make the acquisition upon the same terms,
conditions, and specifications at a lower price. Sec. 133.151. (A) A county or township may issue, for itself or
on behalf of any other county or township or in a joint exercise of their
powers, self-supporting
securities for either or both of the following purposes: (1) Paying the costs of any permanent improvements that
it is authorized to acquire, improve, or construct; (2) Making loans or otherwise providing, by cooperative action, financial
assistance to one or
more counties or townships to assist such other counties or townships
in paying the costs of permanent improvements. (B) Self-supporting securities issued under this section shall
not be general obligations of the issuer, but shall be secured by
any of the following: (1) A pledge of and a lien upon the revenues of the issuer, derived from
ownership or operation of the permanent improvements, including those
rates, charges, or rents and any interest subsidies or debt
charges, grants, or other payments by federal or state agencies
therefor, and the covenants of the issuer to maintain sufficient
rates, charges, and rentals to produce revenues sufficient to
pay all current expenses of the permanent improvements payable
by the issuer, and to pay debt service charges on the securities
and establish and maintain any contractually required special
funds relating to the securities, and, if
the securities are anticipatory securities, to issue the
self-supporting securities for which the anticipatory securities
are issued; (2) Amounts
received from other counties or townships as repayment of loans
or other cooperative financial assistance made to them from the proceeds of
such self-supporting securities; (3) a pledge of and
lien on the proceeds of any securities issued to fund or refund
those self-supporting securities. (C) A county or township issuing self-supporting securities
under this section shall do so by resolution, and
such resolution shall set forth the terms of the
securities, the date of the securities, the amount to be issued,
and the maximum rate of interest. The securities shall mature
at such times not exceeding the maximum limits specified for
general obligations in section 133.20 of the
Revised Code, and shall be executed in such manner as the
resolution provides. The securities shall be negotiable,
bear interest at such rate or rates, be in such
denominations, be in such form, carry such registration
privileges, be payable in such medium of payment at such place
or places, and be subject to such terms of redemption as the
issuer may authorize. The securities may be sold at public or
private sale. (D) Self-supporting securities issued under this section, their
transfer, and any income therefrom, including any profit made on
the sale thereof, shall at all times be free from taxation
within the state. (E) Costs of permanent improvements that may be financed with,
and
paid from the proceeds of, self-supporting securities issued
under this section include, without limitation as to other costs
properly allocable to the permanent improvements, the costs of:
acquiring, constructing, reconstructing, rehabilitating,
installing, remodeling, renovating, enlarging, equipping,
furnishing, or otherwise improving permanent improvements; site
clearance, improvement, and preparation; acquisition of real or
personal property; indemnity and surety bonds and premiums on
insurance; all related direct administrative expenses and
allocable portions of direct costs of the issuer; engineering,
architectural, legal, and other consulting and professional
services; designs, plans, specifications, feasibility or rate
studies, appraisals, surveys, and estimates of cost; interest or
interest equivalent on the securities, whether capitalized or
not; financing costs; title work and title commitment, insurance,
and guaranties; amounts necessary to establish any debt service
reserve or other reserves as required by the proceedings for the
securities; audits; the reimbursement of moneys advanced or
applied by or borrowed from any person, whether to or by the
issuer or others, from whatever source provided, for the payment
of any item or items of cost of the permanent improvements; and
all other expenses necessary or incidental to planning or
determining feasibility or practicability with respect to
permanent improvements or necessary or incidental to the
acquisition, construction, reconstruction, rehabilitation,
installation, remodeling, renovation, enlargement, equipping,
furnishing, or other improvement of the permanent improvements,
the financing of the permanent improvements, and the placing of
the permanent improvements in condition for use and operation,
and all like or related costs, including any one, part, or
combination of, or the issuer's share of, those costs and
expenses. Sec. 307.12. (A) When the board of county commissioners
finds, by resolution, that the county has personal property,
including motor vehicles acquired for the use of county officers
and departments, and road machinery, equipment, tools, or
supplies, which is not needed for public use, or is obsolete or
unfit for 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
of the board, in excess of two thousand five hundred dollars, the board
may do either of the following: (1) Sell such property at public auction or by sealed bid to the highest
bidder, after giving at least ten days' notice of the time,
place, and manner of sale by posting a typewritten or printed
notice in the offices of the county auditor and board. In case
the fair market value of the property to be sold pursuant to this
division is, in the opinion of the board, in excess of two
thousand dollars, notice. Notice of the time, place, and
manner of the
sale shall also be published in a newspaper of general
circulation in the county at least ten days prior to such the
sale, and a typewritten or printed notice of the time, place, and
manner of the sale shall be posted at least ten days before the sale in the
offices of the county auditor and the board of county commissioners.
The board of county commissioners may authorize the sale of such
personal property without advertisement or public notification
and competitive bidding to the federal government, state, or any
political subdivision of the state. If a board conducts a sale of personal property by sealed
bid, the form of the bid shall be as prescribed by the board, and
each bid shall contain the name of the person submitting it.
Bids received shall be opened and tabulated at the time stated in
the notice. The property shall be sold to the highest bidder,
except that the board may reject all bids and hold another sale,
by public auction or sealed bid, in the manner prescribed by this
section. (2) Donate any motor vehicle that does not exceed four thousand five hundred
dollars in value to a nonprofit organization exempt from federal income
taxation pursuant to 26 U.S.C. 501(a) and (c)(3) for the purpose of meeting
the transportation needs of participants in the Ohio works first program
established under Chapter 5107. of the Revised Code and participants in the
prevention, retention, and contingency program established under Chapter 5108.
of the Revised Code. (B) When the board of county commissioners finds, by resolution, that the
county has personal property, including motor vehicles acquired for the use of
county officers and departments, and road machinery, equipment, tools, or
supplies, which is not needed for public use, or is obsolete or unfit
for 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 of the board, two
thousand five hundred dollars or less, the board may sell the property by
private sale, without advertisement or public notification. Notwithstanding
anything to the contrary in division (A) of this section and
regardless of the property's value, the board may sell personal property not
needed for public use or obsolete or unfit for the use for which it was
acquired to the federal government, the state, or any political subdivision of
the state without advertisement or public notification. (C) When a county officer or department head determines
that county-owned personal property under the jurisdiction
of the officer or department head, including motor vehicles, road
machinery, equipment, tools, or supplies, is not of immediate need, the county
officer or department head may notify the board of county commissioners and
the board may lease such personal property to any municipal
corporation, township, or other political subdivision of the state. Such
lease shall require the county to be reimbursed under terms, conditions, and
fees established by the board of county commissioners, or under contracts
approved executed by the board. (C)(D) Where the board finds, by resolution, that the county
has vehicles, equipment, or machinery which is not needed, or is
unfit for public use, and the board desires to sell such
vehicles, equipment, or machinery to the person or firm from
which it proposes to purchase other vehicles, equipment, or
machinery, the board may offer to sell the vehicles, equipment,
or machinery to such person or firm, and to have such selling
price credited to the person or firm against the purchase price
of other vehicles, equipment, or machinery.
(D)(E) Where the board advertises for bids for the sale of
new vehicles, equipment, or machinery to the county, it may
include in the same advertisement a notice of the willingness of
such board to accept bids for the purchase of county-owned
vehicles, equipment, or machinery which is obsolete or not needed
for public use, and to have the amount of such bids subtracted
from the selling price of the other vehicles, equipment, or
machinery as a means of determining the lowest responsible
bidder.
Sec. 505.10. The board of township trustees may accept, on
behalf of the township, the donation by bequest, devise, deed of
gift, or otherwise, of any property, real or personal, for any
township use. When the township has property, including motor
vehicles, road machinery, equipment, and tools, which the board,
by resolution, finds it does not need, the board may sell and
convey such property. Except as otherwise provided in division
(C)(A) or (B)
of this section and in sections
505.08 and 505.101 of the Revised Code, the sale must be by
public auction and upon notice thereof being given as follows: (A) If the fair market value of the property to be sold
is, in the opinion of the board, two thousand dollars or less,
the board shall post a typewritten or printed notice of the time,
place, and manner of the sale in the office of the board for at
least ten days prior to the sale. The board shall not hold in
any calendar month more than one sale for which notice is given
under this division, and each such sale shall be held on the same
day of the week, at the same time of day, and at the same place. (B) If the fair market value of the property to be sold
is, in the opinion of the board, in excess of two thousand five hundred
dollars, the board shall post notice as provided in division (A)
of this section and shall publish notice of the time, place, and
manner of the sale once a week for three weeks in a newspaper
published, or of general circulation, in such the township, the
last
of such publications to be at least five days before the date of
sale, and shall post a typewritten or printed notice of the time,
place, and manner of the sale in the office of the board for at least ten days
prior to the sale. If the fair market value of the property to be sold is,
in the opinion of the board, two thousand five hundred dollars or less, the
board may sell the property by private sale, without advertisement or public
notification.
Where the board finds, by resolution, that the township has
motor vehicles, road machinery, equipment, or tools which are not
needed, or which are unfit for public use, and the board wishes
to sell such motor vehicles, road machinery, equipment, or tools
to the person or firm from which it proposes to purchase other
motor vehicles, road machinery, equipment, or tools, the board
may offer to sell the motor vehicles, road machinery, equipment,
or tools to such person or firm, and to have such selling price
credited to the person or firm against the purchase price of
other motor vehicles, road machinery, equipment, or tools. Where the board advertises for bids for the sale of new
motor vehicles, road machinery, equipment, or tools to the
township, it may include in the same advertisement a notice of
the willingness of the board to accept bids for the purchase of
township-owned motor vehicles, road machinery, equipment, or
tools, which are obsolete or not needed for public use, and to
have the amount of such bids subtracted from the selling price of
the new motor vehicles, road machinery, equipment, or tools, as a
means of determining the lowest responsible bidder. When a township has title to real property, the board of
such township may, by resolution, authorize the transfer and
conveyance of such property to any other political subdivision of
the state upon such terms as are agreed to between such board and
the legislative authority of such political subdivision. (C)(B) When the board has offered property at public auction
under
this section and has not received an acceptable offer, the board, by
resolution, may enter into a contract, without advertising or bidding, for the
sale of that property. The resolution shall specify a minimum acceptable
price and the minimum acceptable terms for the contract. The minimum
acceptable price shall not be lower than the minimum price established for the
public auction.
SECTION 2 . That existing sections 307.12 and 505.10 of the
Revised Code are hereby repealed.
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