131.03 AUTHORITY TO DISPOSE OF PERSONAL AND REAL PROPERTY.

   (a)   The Mayor is authorized and directed to provide for the sale, disposal or donation of surplus personal property, no longer needed for public use, including property unclaimed for a period of at least 90 days, in the following manner:

      (1)    At such times as equipment, including motor vehicles and supplies of the  City serve no useful municipal purpose, the Mayor shall provide for the sale of such surplus personal property as provided in this section. Such determination shall be made not less than once during each calendar year.

      (2)    Sale, disposal or donation of surplus personal property that has an estimated value of more than two thousand dollars ($2,000.00) per item and not needed for public use shall be made after Council, by ordinance, directs the Mayor to dispose of the same by one of the following methods:

         A.    By the acceptance of sealed bids, after advertising not less than one time in a newspaper of general circulation in the City;

         B.    By public auction, after advertisement for not less than one time in  a newspaper of general circulation in the City;

         C.    By an Internet Auction Listing Service open to the public.

            1.    "Internet Auction Listing Service" means a website on the Internet, or other interactive computer service that is designed to allow or advertised as a means of allowing users to offer personal property or services for sale or lease to a prospective buyer or lessee through an on-line bid submission process using that website or interactive computer service and that does not examine, set the price, or prepare the description of the personal property or service to be offered, or in any way utilize the services of a natural person as an auctioneer.

            2.    "Interactive computer service" means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including, specifically a service or system that provides access to the Internet.

            3.    The Mayor is hereby authorized to enter into an agreement or agreements with internet auction listing service(s) to allow for the sale of personal property as provided in this section.

            4.    Personal property unable to be sold pursuant to this section may be donated or disposed pursuant to Section 131.03(a)(5) and (6), below.

      (3)    Surplus property having an estimated value of two thousand dollars ($2,000) or less per item shall be sold or disposed of by the Mayor at the highest attainable price but without the necessity of sealed bid or auction. Property unable to be sold pursuant to this section, may be donated or disposed of pursuant to Section 131.03(a)(5) and (6), below.

      (4)    The Mayor may dispose of any City owned personal property by destruction or placing in refuse for permanent disposal, without attempting to sell the property pursuant to Section 131.03(2) or (3), when all of the following are met:

         A.    The property is impeding the efficient operations of the City of Beachwood by wasting and occupying usable space;

         B.    The property is broken and beyond repair, outdated, inefficient or a safety risk to the user;

         C.    The Property was purchased for less than two thousand dollars ($2,000.00) per item and is over five years old; and

         D.    The Department Head having immediate control over the property certifies the above items to the Mayor and the Mayor approves of such disposal in writing.

      (5)    Surplus personal property excluding real property, may be donated or sold to a charitable entity, not-for profit entity or governmental entity, without the necessity of sealed bids or auction, when the Mayor determines that the property is no longer needed for operations within the City of Beachwood. Property having an estimated value of over two thousand dollars ($2,000.00) per item shall require approval of City Council prior to sale or donation. Property having an estimated value of two thousand dollars ($2,000.00) or less per item may be sold or donated upon written authorization by the Mayor.

      (6)    If surplus personal property not needed for public use, regardless of value, cannot be sold or donated after the Mayor utilizes the provisions of this Section, the property may be disposed of by discarding in the City sanitation.

      (7)    The proceeds for the sale of surplus property shall be deposited in the General Fund.

      (8)    The Mayor or his designee shall keep full and accurate records of the sale of such property.

      (9)    The Mayor or his designee shall estimate the value of surplus personal property to be sold under the provisions of this section.

   (b)    (1)    The sale or lease of real property not needed for public use shall only be made after Council, by ordinance, directs the Mayor to enter into such disposition. The sale or lease of real property need not be made by bid or auction, but the final sale price shall be consistent with comparable sales to said property.

      (2)    Real property shall only be sold pursuant to subsection (b)(1) with all remuneration to be placed in the General Fund.

      (3)    A revocable license for the use of real property may be granted by the Mayor, on terms satisfactory to the Mayor without the necessity of Council approval.

   (c)    The Mayor is hereby authorized to dispose of construction, debris, demolition material scrap metals and trash with resale or scrap value to the City with a value of fifteen thousand dollars ($15,000.00) or less after obtaining three (3) informal quotations upon a finding by the Mayor that the property is no longer needed and should be sold.

   (d)   Disposal of contraband and unclaimed or forfeited property in the possession of the police department shall be disposed of pursuant to Chapter 2981 and Title 45 of the Ohio Revised Code.  (Ord. 2015-62.  Passed 5-15-15.)