(a) Personal Property Having a Value of Five Thousand Dollars ($5,000) or Less. The Board of Control may authorize the sale of personal property having a value of five thousand dollars ($5,000) or less by the Mayor or any director upon a finding and determination that the item to be sold is no longer needed for municipal purposes, that the value of such item is five thousand dollars ($5,000) or less, and that the property is to be sold to the person, firm or corporation making the highest offer therefor, based upon at least three offers solicited by the Mayor or a director authorized by the Mayor to make such solicitations. If there are less than three offers, the Mayor or director involved shall explain to the Board of Control why it was not possible to secure three offers due to the unavailability of persons willing to make offers on the item. In addition to the sale by public bid or public auction, the Mayor or designated director may list municipal personal property designated for auction with an internet auction service, provided the minimum bid price has been approved by the Board of Control and the item can be removed from the internet auction should the minimum bid not be offered. The Director of Public Service is authorized to establish a bid period after which the highest and best bid that equals or exceeds the minimum bid price will be accepted. The findings, determination and authorization for sale shall be adopted by the Board of Control and spread upon the minutes thereof to evidence authority for each sale.
(b) Real Estate or Personal Property Having a Value in Excess of Five Thousand Dollars ($5,000). Any sale, transfer or disposal of real property to which restrictions to the use have been recorded, shall only have the restrictions removed or modified by approval of the majority of the electorate voting on such issue at a regular or special election or by an ordinance enacted by not less than two-thirds of the members of the Council. An Ordinance enacted pursuant to this section shall not be of an emergency nature nor shall the reading proscribed by law be waived.
Each sale or disposal of municipal real estate of any value or personal property having a value in excess of five thousand dollars ($5,000) shall be provided for by ordinance or by one or more ordinances in series utilizing any of the following methods, or combinations thereof, or modifications thereof to be specified in such ordinances by Council:
(1) Under the terms and circumstances provided by Ohio R.C. Chapter 721 or any section thereof or any other section of the Ohio Revised Code as such sections are now constituted or may be in effect in amended form by addition or modification hereafter;
(2) By empowering the Mayor or his or her designee to advertise for bids in such form or manner as he may determine once a week for four consecutive weeks in a newspaper of general circulation in the City and in such other publications or places as he or she may deem necessary and proper, with Council reserving the right to reject any and all bids regardless of amount and without indicating any specific reason for such rejection, authorizing the Board of Control to receive, open and tabulate such bids, authorizing the Mayor to enter into a contract for the sale of such property in a form to be approved by the Director of Law, and authorizing the Mayor and Director of Finance to convey the property pursuant to such contract, subject to zoning conditions, restrictions and reservations of record;
(3) Upon negotiations ratified or authorized by Council with a developer for redevelopment in a manner so as to eliminate conditions of blight with provisions against their recurrence or for any other public purposes as determined in the sole opinion of the Council; such sales may be with or without prior public solicitation for proposals by advertisement or otherwise; when Council elects to solicit proposals for redevelopment, a sale may be authorized to the developer submitting the best proposal, in the sole opinion of Council, or award under these circumstances may be eventually to a developer pursuant to bidding upon specifications developed by the efforts of all developers submitting proposals, which bidding may be limited to the developers who have submitted proposals;
(4) Upon negotiations ratified or authorized by Council to sell a portion of City property at the appraised value to contiguous property owners for use with and enhancement of such contiguous property without restrictions other than zoning and conditions of record;
(5) Upon negotiations ratified or authorized by Council to clear title, resolve contentions concerning encroachments, or otherwise resolve technical, clerical or procedural errors, defects or omissions in prior conveyances as the justice of each case requires in the sole judgment of Council;
(6) To allow for sale of real estate by public auction, under terms and conditions established by City Council, to include establishing a minimum bid price, and sale to highest bidder;
(7) To allow the Director of Public Service to use internet auction services to list the items of municipal property deemed no longer needed for municipal purposes at minimum bid prices approved by the Board of Control, provided that the item can be removed from the auction or any bid rejected that does not meet the minimum bid price. The Director of Public Service is authorized to establish a bid period after which the highest and best bid that equals or exceeds the minimum bid price will be accepted. The findings, determination and authorization for sale shall be adopted by the Board of Control and spread upon the minutes thereof to evidence authority for each sale.
Ordinances authorizing final conveyance by the Mayor and Finance Director shall specify:
(1) The findings of Council that the property involved is no longer needed for a municipal purpose;
(2) Where restrictions on the use of said property have been deleted or modified, the method by which the restrictions were removed or modified;
(3) Where no restrictions have been imposed, the intent of Council to sell the property without restrictions on future use other than zoning and other conditions of record or with restrictions for redevelopment in a manner so as to eliminate conditions of blight with provisions against their recurrence or other public purposes;
(4) The appraised value of the property being sold or disposed of taking all restrictions of sale into consideration and/or other basis relied upon to determine the sufficiency of consideration to be paid together with a finding that the consideration is sufficient and such finding shall be conclusive as determined in the sole opinion of Council;
(5) All of the restrictions, terms and conditions of sale specifically required by Council together with authorization for execution of the agreement, adopting additional terms deemed appropriate, submission to escrow, execution of deeds and any and all other acts necessary and proper to effectively convey the property for the purposes and in the manner specified by Council.
(Ord. 245-1980. Passed 10-1-80; Ord. 113-2002. Passed 6-3-02; Ord. 163-2005. Passed 10-17-05; Ord. 53-2008. Passed 3-3-08.)