(a) Whenever the Auditor determines that there exists a sufficient inventory of unnecessary Municipal personal property, he or she shall hold an auction. The Auditor shall directly supervise the entire process, including, but not limited to:
(2) Ensuring that the auction is conducted by a licensed auctioneer;
(3) Keeping a complete financial record of all transactions;
(4) Keeping a complete inventory of all items to be auctioned; and
(5) Setting up procedural steps to ensure an orderly and efficient auction.
(b) The Public Service Department shall assist the Auditor by supplying the necessary manpower and a storage space for the auction items and by completing other needed miscellaneous tasks.
(c) At such auction, the City reserves the right to reject any bid, all bids or parts of any bid when the public interest will be served thereby.
(d) Notwithstanding anything to the contrary in subsection (a), (b), and/or (c) hereof and regardless of the property's value, City Council by adoption of an annual resolution as set forth in subsection (d)(1) below, may sell personal property, including but not limited to motor vehicles acquired for use of municipal officers and departments, and road machinery, equipment, tools, or supplies, which are not needed for public use, and/or is obsolete and/or unfit for the use it was acquired by internet auction pursuant to the procedures stated below:
(1) The legislative authority shall first adopt, during each calendar year, a resolution expressing its intent to sell the property by internet auction. The resolution shall include a description of how the auctions will be conducted and shall specify the number of days for bidding on the property, which shall be no less than ten days, including Saturdays, Sundays, and legal holidays. The resolution shall indicate whether the municipal corporation will conduct the auction or the legislative authority will contract with a representative to conduct the auction and shall establish the general terms and conditions of 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.
(2) After adoption of the resolution set forth in subsection (1) above, the legislative authority shall publish 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 notice shall include a summary of the information provided in the resolution and shall be published at least twice. The second and any subsequent notice shall be published not less than ten nor more than twenty days after the previous notice. A similar notice also shall be posted continually throughout the calendar year in a conspicuous place in the office of the City Auditor, and the legislative authority, and on the City's website continuously throughout the year.
(3) When the property is to be sold by internet auction, the legislative authority or its representative 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 pickup 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 by the legislative authority or its representative.
(4) The highest bidder upon the close of the open bidding period will be deemed to be the successful bidder at the internet 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 remit the entire payment within ten days of receipt of the invoice. Acceptable forms of payment include cashier's check, certified check, or money order. Other payment arrangements may be made by the City where circumstances warrant. Payment options such as on-line payment system and PayPal® or similar services are acceptable payment options. Notwithstanding the foregoing, all payment options are subject to the approval of the City Treasurer.
(5) All communication with the successful buyer shall occur in writing. 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.
(6) All items shall be sold without warranty in "AS IS" condition. All advertisements, listings, and notices shall be subject to the following language:
'The City of Parma, its officers, employers, and agents offer this item for sale "AS IS" without any warranty or condition, express, implied, or statutory. The City of Parma, its officers, employers, and agents, specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, and noninfringement.”
(7) No property shall be surrendered nor title transferred until the City Treasurer confirms funds have been credited to the City bank account.
(Ord. 265-91. Passed 10-7-91; Ord. 233-96. Passed 7-15-96; Ord. 232-09. Passed 11-2-09.)