135.01 SALE OR DISPOSITION OF PERSONAL PROPERTY.
   When it is determined that personal property owned by the Municipality no longer serves a useful municipal purpose, and has an estimated value of less than one thousand dollars, the Board of Control is authorized to provide for the sale of such property including equipment, supplies and motor vehicles in one of the following manners:
   (a)   By the acceptance of sealed bids to the highest and best bidder after advertising not less than two times in a newspaper of general circulation in the Municipality.
   (b)   By public auction, after advertising not less than two times in a newspaper of general circulation in the Municipality.
   (c)   The Mayor, or his/her designee, shall estimate the fair market value of the property to be sold using available valuation resources including, but not limited to blue books, etc. If an item is determined to have a fair market value in excess of one thousand dollars ($1,000.00), then its sale shall be authorized by ordinance and conducted as provided in subsection (b) herein.
   (d)   Notwithstanding anything to the contrary in subsections (a), (b) or (c) hereof and regardless of the property’s value, City Council may authorize the sale of personal property, including motor vehicles, road machinery, equipment, tools or supplies, no longer needed for municipal purposes, or obsolete or unfit for the use for which it was acquired, by internet auction. The Mayor may contract with a private internet-based auction system to conduct the internet auction or the Municipality shall conduct such auction itself.
City Council shall adopt, during each calendar year, a resolution expressing its intent to sell unneeded, obsolete and unfit property by internet auction. The resolution shall include a description of how the auction 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 and shall establish the general terms and conditions of the 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 twice 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 second notice and any subsequent notice shall be published not less than ten nor more than twenty days after the previous notice. A similar notice shall be posted continually throughout the calendar year in a conspicuous place in the Municipal Building and if the Municipality 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 of Control 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.
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.
   (e)   If the Board of Control determines that municipal personal property is not needed for public use, or is obsolete or unfit for use for which it was acquired, and that the property has no value, then the Mayor, or his/her designee, may discard or salvage that property.
   (f)   The proceeds from the sale of such property shall be deposited in the General Fund or in the appropriate fund as determined by the Director of Finance in accordance with the Ohio Revised Code.
   (g)   The Mayor, or his/her designee, shall provide the Director of Finance with a list of the items disposed of and the amount they were sold for, if any.
   (h)   The Director of Finance shall keep records with respect to the sale, destruction or abandonment of surplus property disposed of in accordance with this section.
      (Ord. 208-04. Passed 10-25-04.)