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Sub. H. B. No. 226As Reported by the House Local Government and Townships CommitteeAs Reported by the House Local Government and Townships Committee
124th General Assembly | Regular Session | 2001-2002 |
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REPRESENTATIVES Collier, Peterson, Fessler, Hartnett, Calvert, Setzer, Seaver, D. Miller, Reidelbach, Seitz, Metzger, Goodman, Wolpert, Niehaus, Distel, Sullivan, Schaffer, Gilb, White, Latta, Flowers, Hughes, Carmichael, Carano, Perry, Jones, Reinhard, Young, Fedor, Krupinski, Widowfield, Lendrum, Roman, Schmidt, Coates, Sferra, Salerno
A BILL
To amend sections 307.12, 505.10, and 721.15 of the
Revised Code to
authorize counties, townships, and
statutory municipal corporations to
dispose of
unneeded, obsolete, or unfit personal property by
Internet auction and, if that property has no
value, to discard or salvage it.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 307.12, 505.10, and 721.15 of the
Revised Code be amended
to read as follows:
Sec. 307.12. (A) Except as otherwise provided in
division
divisions
(B), (C), and (E) of this section, 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supplies, which is not needed for public use, or is
obsolete or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
the property at public auction or by sealed
bid to the highest
bidder. 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 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. 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)
or
(C) of this section and
regardless of the
property's value, the
board may sell or donate
county
personal
property, including motor
vehicles,
of the county to
the
federal
government, the state, or
any political subdivision of
the state
without advertisement or
public notification. (C)
Notwithstanding anything to the contrary in division
(A),
(B), or (E) of this section and regardless of the property's
value, the board of county commissioners may sell 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, by internet auction.
The board shall adopt, during each calendar year, a resolution
expressing its intent to sell that property by internet auction.
The resolution shall include a description of how the auctions
will be conducted and shall specify the number of days for bidding
on the property, which shall be no less than fifteen days,
including
Saturdays, Sundays, and legal holidays. The resolution
shall
indicate whether the county will conduct the auction or the
board will contract with a representative to
conduct the auction
and shall establish the general terms and
conditions of sale. If
a representative is known when
the resolution is adopted, the
resolution shall provide contact
information such as the
representative's name, address, and telephone
number. After adoption of the resolution, the board shall
publish, in
a newspaper of general circulation in the
county, notice of
its
intent to sell unneeded, obsolete, or unfit county
personal
property by internet auction. The notice shall include a
summary
of the information provided in the resolution and shall be
published at least twice. The second and any subsequent notice
shall be published not less than ten nor more than twenty days
after the previous notice. A similar notice also shall be posted
continually throughout the calendar year in a conspicuous place in
the offices of the county auditor and the board of county
commissioners, and, if the county maintains a website on the
internet, the notice shall be posted continually throughout the
calendar year at that website. When property is to be sold by internet auction, the board or
its representative may establish a minimum price that
will be
accepted for specific items and may establish any other
terms and
conditions for the particular sale, including
requirements for
pick-up or delivery, method of payment, and sales
tax. This type
of information shall be provided on the internet
at the time of
the auction and may be provided before that time
upon request
after the terms and conditions have been determined
by the board
or its representative. (D) 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
that
personal property to any municipal
corporation, township, or other
political subdivision of the
state.
Such
The
lease shall require
the county to be reimbursed
under terms, conditions, and
fees
established by the board
of
county commissioners, or under
contracts
executed by the board. (D) Where
(E) If the board
of county commissioners 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
the
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
that person or firm, and
to have
such
the selling
price credited to the person or firm
against the purchase price
of other vehicles, equipment, or
machinery.
(E) Where
(F) If the board
of county commissioners
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
the 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
those bids subtracted
from the selling price of the
other vehicles, equipment, or
machinery as a means of determining
the lowest responsible
bidder.
(G) If a board of county commissioners determines that
county personal property is not needed for public use, or is
obsolete or unfit for the use for which it was acquired, and that
the property has no value, the board may discard or salvage that
property.
(H)
As used in this section,
"internet" means the
international computer network of both federal and nonfederal
interoperable packet switched data networks, including the
graphical subnetwork called the world wide web.
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,
property
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
for public use, are
obsolete, or are unfit for the use for which they were acquired,
the board may sell and
convey
such
that property
or otherwise
dispose of it in accordance with this section. Except as
otherwise provided
in division (A) or (B)
of this section and
in
sections
505.08 and 505.101 of the Revised Code, the sale
must
or
other disposition of unneeded, obsolete, or unfit property shall
be
by
public auction and upon notice thereof being given as
follows
made in accordance with one of the following: (A)(1) 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 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 the township,
the
last
of
such
those 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 (2) 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
(3) If 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
the 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
that person or firm, and to
have
such
the selling price
credited to the person or firm against
the purchase price of
other motor vehicles, road machinery,
equipment, or tools.
Where
(4) If 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
those 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.
(5) When a township has title to real property, the board of
such township
may
trustees, by resolution,
may authorize the
transfer and
conveyance of
such
that property to any other
political subdivision of
the state upon such terms as are agreed
to between
such
the board and
the legislative authority of
such
that political subdivision.
(6) If the board of township trustees determines that
township personal property is not needed for public use, or is
obsolete or unfit for the use for which it was acquired, and that
the property has no value, the board may discard or salvage that
property. (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.
(C) Notwithstanding anything to the contrary in division
(A)
or (B) of this section and regardless of the property's value,
the
board of township trustees may sell personal property,
including
motor vehicles, 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, by internet auction.
The board
shall adopt, during each calendar year, a resolution
expressing
its intent to sell that property by internet auction.
The
resolution shall include a description of how the auctions
will be
conducted and shall specify the number of days for bidding
on the
property, which shall be no less than fifteen days,
including
Saturdays, Sundays, and legal holidays. The resolution
shall
indicate whether the township will conduct the auction or
the
board will contract with a representative to conduct the
auction
and shall establish the general terms and
conditions of
sale. If
a representative is known when
the resolution is
adopted, the
resolution shall provide contact
information such as
the
representative's name, address, and telephone
number. After adoption of the resolution, the board shall
publish, in
a newspaper of general circulation in the township, notice of its
intent to sell unneeded, obsolete, or unfit township personal
property by internet auction. The notice shall include a
summary
of the information provided in the resolution and shall be
published at least twice. The second and any subsequent notice
shall be published not less than ten nor more than twenty days
after the previous notice. A clerk also shall post a similar
notice throughout the calendar year in a conspicuous place in the
board's office and, if the township maintains a website on the
internet, the notice shall be posted continually throughout the
calendar year at that website. When property is to be sold by internet auction, the board or
its representative may establish a minimum price that
will be
accepted for specific items and may establish any other
terms and
conditions for the particular sale, including
requirements for
pick-up or delivery, method of payment, and sales
tax. This type
of information shall be provided on the internet
at the time of
the auction and may be provided before that time
upon request
after the terms and conditions have been determined
by the board
or its representative.
Sec. 721.15.
(A) Personal property not needed for municipal
purposes, the estimated value of which is less than one thousand
dollars, may be sold by the board or officer having supervision
or
management
thereof
of that property. If the estimated value of
such
that property
exceeds
is one thousand dollars
or more, it
shall be sold only when
authorized by an ordinance of the
legislative authority of the
municipal corporation and approved by
the board, officer, or
director having supervision or management
of
such personal
that
property. When so authorized
such, the
board, officer, or director
shall make a written contract with the
highest and best bidder
after advertisement for not less than two
nor
or more than four
consecutive weeks in a newspaper of general
circulation within
the municipal corporation, or with a board of
county
commissioners upon such lawful terms as are agreed upon, as
provided by section 721.27 of the Revised Code. (B) When the legislative authority finds, by resolution,
that the
municipal corporation has vehicles, equipment, or
machinery which
is
obsolete, or is not needed or is unfit for
public use,
and further finds that
the municipal corporation has
need of other vehicles, equipment,
or machinery of the same type,
and
further finds that it will be
to
in the best interest of the
municipal corporation that
such
the sale
of obsolete, unneeded, or
unfit vehicles, equipment, or machinery
be made simultaneously
with the purchase of the new vehicles,
equipment, or machinery of
the same type,
said
the legislative
authority may offer to sell,
or authorize a board, officer, or
director of
said
the municipal
corporation having supervision or
management of
said
the property
to offer to sell,
said
those vehicles,
equipment, or machinery and
to have the selling price
for the same
credited against the
purchase price of other vehicles,
equipment, or machinery and to
consummate
such
the sale and purchase
by a single contract with
the lowest and best bidder to be
determined by subtracting from
the selling price of the vehicles,
equipment, or machinery to be
purchased by
said
the municipal
corporation the purchase price
offered for
said
the municipally-owned
vehicles, equipment, or
machinery. When the legislative
authority or the authorized
board, officer, or director of a
municipal corporation advertises
for bids for the sale of new
vehicles, equipment, or machinery to
the municipal corporation,
they may include in the same
advertisement a notice of
willingness to accept bids for the
purchase of municipally-owned
vehicles, equipment, or machinery
which is obsolete,
unfit, or
is
not needed
or is unfit for public
use, and to have the amount of
such
those bids
subtracted from the
selling price as a means of determining the
lowest and best
bidder.
(C) If the legislative authority of the municipal
corporation determines that municipal personal property is not
needed for public use, or is obsolete or unfit for the use for
which it was acquired, and that the property has no value, the
legislative authority may discard or salvage that property. (D) Notwithstanding anything to the contrary in division
(A)
or (B) of this section and regardless of the property's value,
the
legislative authority of a municipal corporation may sell
personal
property, including motor vehicles acquired for the use
of
municipal 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, by
internet auction. The legislative authority shall adopt, during
each calendar year, a resolution expressing its intent to sell
that property by internet auction.
The resolution shall include a
description of how the auctions
will be conducted and shall
specify the number of days for bidding
on the property, which
shall be no less than fifteen days, including
Saturdays, Sundays,
and legal holidays. The resolution shall indicate whether the
municipal corporation will conduct the auction or the legislative
authority will contract with a representative to conduct the
auction and shall establish the general terms and
conditions of
sale. If a representative is known when
the resolution is
adopted, the resolution shall provide contact
information such as
the representative's name, address, and telephone
number. After adoption of the resolution, the legislative authority
shall publish, in a newspaper of general circulation in the
municipal corporation, notice of its intent to sell unneeded,
obsolete, or unfit municipal personal property by internet
auction. The notice shall include a
summary
of the information
provided in the resolution and shall be
published at least twice.
The second and any subsequent notice
shall be published not less
than ten nor more than twenty days
after the previous notice. A
similar notice also shall be posted
continually throughout the
calendar year in a conspicuous place in the offices of the village
clerk or city auditor, and the legislative authority, and, if the
municipal corporation maintains a website on the internet, the
notice shall be posted continually throughout the calendar year at
that website. When the property is to be sold by internet auction, the
legislative authority or its representative may establish a
minimum
price that
will be accepted for specific items and may
establish
any other
terms and conditions for the particular sale,
including
requirements for pick-up or delivery, method of payment,
and sales
tax. This type of information shall be provided on the
internet
at the time of the auction and may be provided before
that time
upon request after the terms and conditions have been
determined
by the legislative authority or its representative.
Section 2. That existing sections 307.12, 505.10, and 721.15
of the Revised Code
are hereby repealed.
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