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H. B. No. 111 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Representatives Murray, Letson, Dodd, Amstutz, Newcomb, Luckie, Patten, Evans, Domenick, Phillips, Zehringer, Slesnick, Chandler, Heard
A BILL
To amend section 721.15 of the Revised Code to
reduce, from fifteen to ten, the minimum number of
days for bidding when a nonchartered municipal
corporation sells personal property by Internet
auction.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 721.15 of the Revised Code be amended
to read as follows:
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
of that property. If the estimated value of
that
property
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
that
property. When
so authorized, the
board, officer, or director
shall make a
written contract with the
highest and best bidder
after
advertisement for not less than two
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 division (B)(1) of
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is
obsolete, or is not needed or is unfit for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,
that
the municipal corporation has
need of other
vehicles,
equipment,
or machinery of the same type,
and
that it
will be
in
the best interest of the
municipal corporation that
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,
the
legislative
authority may offer to sell,
or authorize a board,
officer, or
director of
the municipal
corporation having
supervision or
management of
the property
to offer to sell,
those vehicles,
equipment, or machinery and
to have the selling
price
credited
against the
purchase price of other vehicles,
equipment, or
machinery and to
consummate
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
the municipal
corporation the
purchase price
offered for
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,
or
is
not needed
or is
unfit for public
use,
and to have the amount of
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 ten 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 section 721.15 of the Revised Code
is hereby repealed.
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