(A) Other than as provided in § 50.01 or division (B) of this section, the city is authorized to sell any municipally owned real estate by following the procedures set forth below:
(1) In the event that the city determines to sell real estate, then it shall publish a notice of an invitation to bid upon said property for two consecutive weeks in a newspaper of general circulation in the city. The notice shall generally outline the terms and conditions of the bid, and set a date upon which bids are to be submitted.
(2) Prior to the opening of the bids, the City Manager shall have obtained an appraisal of the property by a competent, fully qualified appraiser; provided, however, that if the city is in possession of such an appraisal which is dated within 180 days from the date of the initial publication of the notice, then no further appraisals shall be required. All bids for the property shall be opened in public at the city's Administrative Offices.
(3) Once the City Manager has reviewed all of the bids, he shall present the bids to City Council. The Council may accept the best bid, or they may reject any and all bids should the terms not be satisfactory to the city. The sale of the real property shall then be authorized only upon resolution passed by a majority vote of all members of Council.
(B) The procedure set forth in division (A) of this section shall not apply to real estate owned by the city which is acquired and transferred or otherwise sold pursuant to an approved urban renewal/redevelopment plan or to real estate acquired by the city and sold or otherwise transferred as authorized under R.C. Chapter 1724 to the city's designated community improvement corporation. Any disposition of real estate pursuant to an urban renewal/redevelopment plan or through the designated community improvement corporation shall be governed by the procedures set forth in this code for urban renewal or urban redevelopment or as authorized pursuant to R.C. Chapter 1724 or the bylaws and resolutions of the designated community improvement corporation.
(C) The city recognizes that in certain instances it may be to its advantage to exchange real property for other real property rather than to simply offer the real property for sale through the bid process. In the event that the city wishes to exchange real property, then said exchange shall be governed by the following procedures:
(1) The city shall obtain an appraisal of all properties which are to be involved in the proposed exchange of municipally owned real estate for real estate owned by any other person or entity. The appraisal procedure to be followed shall be the same as is outlined in division (A)(2) of this section.
(2) The city shall, by ordinance and upon the affirmative vote of two-thirds of the members of Council, authorize the exchange of any one parcel or multiple parcels of municipally owned real estate for other real estate located either within or outside of the city. Such ordinance shall specifically describe all property which is subject to the exchange, shall specifically delineate whether or not there shall be any cash payable to either party in the transaction and shall further set forth the appraised value of all of the properties.
(D) The city recognizes that in certain instances it may be to its advantage to exchange or "trade-in" personal property for other personal property rather than to sell it as is outlined in this section. In the event that the city wishes to exchange or trade personal property, then the following procedures shall be followed:
(1) In those instances when the city is advertising for bids for the purchase of certain personal property, it may include as a condition of the bid, or allow as an alternative to a cash only purchase, that the personal property to be exchanged or traded be considered in the bid and credited against the purchase price. In such a bid situation, no appraisal of the personal property need be made and the city shall follow all of its other bidding requirements.
(2) In those instances when the item to be exchanged or traded is for another item wherein competitive bidding is not required by Montgomery Charter or ordinance, then the City Manager will be authorized by review and majority vote of the Government Affairs Committee of Council, to complete the purchase, making such exchange or trade as he deems advisable, and to thereafter report the results of the sale to City Council.
(E) No city employee nor his or her immediate family shall be permitted to purchase any real or personal property from the city other than by sealed bid or at a public auction. For purposes of this section, the definition of immediate family shall be the spouse of the employee and any children; for purposes of this section, employee shall be defined to be any salaried or hourly employee of the city, whether full or part-time, and any elected officials.
(F) Receipt and disposition of personal property.
(1) All personal property received by the city which is either lost, abandoned, stolen, seized or forfeited shall be received through the Police Department (hereinafter "Department"). All such property received shall be logged by the Department with the description of the property, the basis upon which it was received, the date of receipt, and the name of the owner, if known. Separate records shall be maintained for stolen, forfeited or seized property, which log records shall also denote the appropriate case reference if the matter involves a separate criminal charge.
(2) All such property shall be held until it is either no longer required as evidence in any pending proceeding, or 90 days from the date the property was received, after which such property may be disposed as provided herein. During such period of time the property is held by the Department, it shall be appropriately stored with the exception of inconsequential items of personal property such as personal clothing, backpacks, carry bags or similar consumer goods which are found on municipal property or delivered to the Department as lost property, which property shall be made available in an appropriate lost and found for public inspection and claiming. This policy shall not obligate the Department to receive and store damaged personal property which a reasonable person would determine to be beyond repair or salvage and is waste; such property may be appropriately disposed of without storage and without further record or notice.
(3) During the period of time the property is in storage, and before disposition of the property as provided herein, the Department shall make a reasonable effort to locate the person entitled to the possession of such property in its custody, to notify them of when and where it may be claimed, and the potential for disposition of unclaimed property. In the absence of evidence identifying persons entitled to possession, it is sufficient notice to advertise in a newspaper of general circulation in the city, generally and briefly describing the nature of the property in custody and inviting persons to view and establish their right to it. This notice need only be published one time, at least 30 days in advance of the disposition of such property, and the notice may be combined with the notice of sale as provided herein.
(4) Except as otherwise required by Ohio law, lost, abandoned, stolen, seized or forfeited property which remains unclaimed or is no longer necessary as evidence in any proceeding, and any personal property owned by the city which is declared to be surplus, shall be disposed of by the Department after the storage period provided above. Surplus personal property and consumer goods such as book bags, cell phones, shoes, umbrellas, personal clothing, sporting equipment and the like, having a value of $250 or less, may be donated by the Department to one or more political subdivisions, public agencies or non-profit or charitable organizations servicing the Montgomery community satisfying Section 501(c)(3) or (c)(19) of the Internal Revenue Code. Any property valued in excess of $250 may be donated to the above entities if approved in advance by the Government Affairs Committee of City Council, or its successor committee. Personal property which is not donated shall be sold as otherwise provided herein. The proceeds of the sale shall be paid to the Director of Finance, and shall be credited to the general fund of the city, except to the extent as required by Ohio law that a portion of such funds be donated to a citizen's reward program or alcohol and drug addiction treatment programs.
(5) (a) Personal property to be disposed of, valued in excess of $250, which has not been donated as authorized herein may be sold for a reasonable value to another political subdivision or agency of the state, or shall be sold at public sale once such sale or other disposition has been authorized by the Government Affairs Committee of City Council, or its successor committee. Upon recommendation of the Administration, public sale may include any one or more of the following methods:
1. Internet auction;
2. Public auction with or without reserve directed by the Department, which public auction may be contracted to a third party and may include an off-site salvage auction; or
3. Public sale through advertisement for sealed bids with sale to the lowest and best bidder.
(b) If property is to be sold by internet auction, the Council shall adopt a resolution expressing its intent to sell property by internet auction, which 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 15 days including Saturdays, Sundays and legal holidays. The resolution shall indicate whether the City Administration will conduct the auction or whether the auction will be contracted to a third party establishing the general terms and conditions of such sale. After adoption of the resolution, the Administration shall publish in a newspaper of general circulation within the city, notice of its intent to sell the personal property by internet auction. The notice shall include a summary of the information provided in the resolution and shall be published not less than two nor more than four consecutive weeks with the last notice appearing no less than 10 days prior to the date of the proposed sale. A similar notice shall be posted during the period of auction in the offices of the Clerk of Council and through the city's website. The Government Affairs Committee of City Council may set a minimum price which will be accepted for such items sold at internet auction and may establish such other terms and conditions for sale including the requirement of pick-up, delivery, method of payment and sales tax.
(c) If personal property is to be sold by public auction or through public sale, other than a sale to another political subdivision or agency of the state, a notice of such proposed sale shall be published in a newspaper of general circulation within the city for not less than two nor more than four consecutive weeks, with the last notice appearing no less than 10 days prior to the date of the proposed sale. The notice shall provide a general description of the property to be sold and the terms and conditions for such sale as may be established by the Government Affairs Committee of City Council.
(Ord. 7-1993, passed 4-3-93; Am. Ord. 20-2006, passed 11-1-06; Am. Ord. 4-2007, passed 5-2-07; Am. Ord. 5-2007, passed 6-6-07)