121.04 AUTHORIZATION TO SELL SEIZED AND/OR FORFEITED VEHICLES.

   (a)   Council determines that it is in the best interest of the City to sell seized and/or forfeited vehicles whenever the City obtains possession.

   (b)   The City Manager is hereby authorized to solicit bids and sell these seized and forfeited vehicles on the open market, upon such terms and conditions as are in the best interests of the City.

   (c)   The Public Internet Auction for the aforementioned vehicles shall be held on the Public Surplus web site (www.publicsurplus.com) for a period of 15 days. Notice of this auction will also be advertised in the News Herald, on Channel 12 and on the City web site in accordance with all applicable local, state and federal laws.

   (d)   Any transaction pursuant to this section shall be conducted in accordance with the following procedure:

      (1)   Prior to the open bidding period, notice of the City’s intent to sell property via internet auction shall be published at least once a week for three successive weeks in the News Herald. Said notice shall include a complete description of the vehicles to be sold; the date, time and location where the auction will be held; the terms and conditions of sale; and any other information necessary to allow interested members of the general public to participate in the online public auction.

      (2)   Prior to the commencement of the open bidding period, notice of the City’s intent to sell property via Internet auction shall be posted in a conspicuous place in City Hall.

      (3)   Prior to the commencement of the open bidding period, notice of the City’s intent to sell property via Internet auction shall be published on the City’s website at www.cityofmentor.com/living/citynews.php

      (4)   Each vehicle will be listed for open public bidding for a minimum of fifteen (15) days, including weekends and legal holidays.

      (5)   Vehicles will be listed “for sale” for public auction on the Public Surplus web site. The listing shall describe the vehicles in detail including but not limited to the following items: the price, make, model, color, general operating condition, condition of the exterior, condition of the interior, the odometer reading of the vehicle, any other feature of the vehicle that would interest the reasonable consumer. A picture of each vehicle for sale shall accompany every listing.

      (6)   The terms of sale will be as follows: The highest bidder upon the close of the open bidding period will be deemed the successful bidder at the online auction. Upon the close of the auction, the City shall remit an invoice to the successful bidder for the amount of the bid. The successful bidder shall deposit five percent (5%) of the winning bid within five (5) days of the vehicle auction’s close. Any funds remitted pursuant to this initial deposit shall be nonrefundable. The remaining balance must be remitted within ten (10) days of the vehicle auction’s close. No vehicle will be made available for shipping to the purchaser prior to the purchaser’s obligation being satisfied in full. Acceptable forms of payment include cashier’s check or money order.

      (7)   At the close of the sale, contact shall be made with the successful bidder to discuss maters involving title transfer, payment and delivery of the vehicle to the purchaser. Successful bidder will be responsible for the removal of item(s). Successful bidder will be responsible for cost of shipping item(s) if necessary. All communication with the successful bidder shall occur in writing.

      (8)   Arrangements and costs associated with delivery of the subject vehicle to the successful bidder shall be the sole responsibility of the purchaser. Risk of loss will be transferred to the successful bidder upon the tendering of the goods to the shipping company chosen by the purchaser.

      (9)   All vehicles shall be sold without warranty in “AS IS” condition. All advertisements, listings and notices shall contain the following language:

THE CITY OF MENTOR, ITS OFFICERS, EMPLOYERS AND AGENTS OFFER THESE VEHICLES FOR SALE “AS IS” WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. THE CITY OF MENTOR, ITS OFFICERS, EMPLOYERS AND AGENTS, SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.
(Ord. 07-0-78. Passed 8-22-07.)