(a) The Director of Public Service is authorized and directed to provide for the sale of surplus equipment and supplies, including property unclaimed for a period of at least 90 days, equipment and supplies no longer needed for public use and motor vehicles, in the following manner:
(1) At such times as equipment, including motor vehicles, and supplies of the City serve no useful municipal purpose, the Director of Public Service shall provide for the sale of such equipment or supplies as provided in this section. Such determination shall be made not less than once during each calendar year.
(2) Sale of surplus equipment, as determined under subsection (a)(1) hereof, shall be sold by the Director of Public Service by one or more of the following methods:
A. Surplus property with an estimated value of two thousand dollars ($2,000) or more shall be sold by one or more of the following methods:
1. By the acceptance of sealed bids, after advertising not less than one time in a newspaper of general circulation in the City;
2. By public auction, after advertisement for not less than one time in a newspaper of general circulation in the City;
3. By an Internet Auction Listing Service open to the public.
a. “Internet Auction Listing Service” means a website on the Internet, or other interactive computer service that is designed to allow or advertised as a means of allowing users to offer personal property or services for sale or lease to a prospective buyer or lessee through an on-line bid submission process using that website or interactive computer service and that does not examine, set the price, or prepare the description of the personal property or service to be offered, or in any way utilize the services of a natural person as an auctioneer.
b. “Interactive computer service” means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet.
c. The Mayor is hereby authorized to enter into an agreement or agreements with internet auction listing service(s) to allow for the sale of items as provided in this section. (Ord. 1984-388. Passed 1-10-85.)
B. Surplus property having an estimated value less than two thousand dollars ($2,000) shall be sold or disposed of by the Director of Public Service at the highest attainable price but without the necessity of sealed bid or public auction. Property not purchased may be donated upon approval of the Director of Public Service or may be disposed of pursuant to Section 109.01(b)(1).
1. The Director of Public Service may dispose of any City owned personal property by destruction or placing in refuse for permanent disposal, without attempting to sell the property pursuant to Section 109.01(b), when all of the following are met:
a. The property is impeding the efficient operations of the City of Stow by wasting and occupying usable space;
b. The property is of no value because it is either broken, outdated, or is of no reasonable use to the City of Stow or any other organizations, including governmental entities, non-profits and charities; and
c. Upon the recommendation of the department head or elected official having immediate control over said property, the Director of Public Service certifies such finding to the Mayor.
(Ord. 2012-67. Passed 4-26-12.)
C. Surplus personal property and goods, excluding real property, previously purchased or received by the City of Stow, may be donated to a charitable entity, not-for profit entity or governmental entity when the Director of Public Service determines that the property is no longer for operations within the City of Stow. Property having an estimated value of over $2,000 as determined by the Director of Public Service shall require approval of City Council prior to donation. Property having an estimated value of less than $2,000 as determined by the Director of Public Service may be disposed of upon written authorization by the Director of Public Service.
(3) The proceeds for the sale of surplus property shall be deposited in the City Treasury to the credit of the division having jurisdiction and control over such property.
(4) The Director of Public Service shall keep full and accurate records of the sale of such property.
(5) The Director of Public Service shall estimate the value of equipment or supplies to be sold under the provisions of this section.
(b) (1) The sale or lease of real property not needed for public use shall only be made after Council, by ordinance, directs the Mayor to enter into such disposition.
(2) Real property shall only be sold pursuant to subsection (b)(1) with all remuneration to be placed in the General Fund.
(c) Motor vehicles that are received by the City of Stow through court order and are the result of a forfeiture based on a violation of State law or this code, or that are unclaimed and in the custody of the Police Department, may be disposed of by the Chief of Police or designee as follows:
(1) When the Chief of Police determines that the vehicle is not needed or useful for law enforcement purposes, the Chief of Police or his designee may cause title to be issued in the name of the City of Stow and dispose of the vehicle by public auction conducted by the City of Stow in accordance with this code including by internet auction or by a third party auctioneer including an internet auction service in accordance with its normal and usual advertising procedures.
(2) When the Chief of Police determines that vehicle is not needed or useful for law enforcement purposes, the Chief of Police or his designee, may transfer title of vehicle, if scrap title only, to the tow yard or storage yard for payment of outstanding invoices due by the City of Stow for removal and storage of the vehicle.
(3) All funds received as a result of public auction under this section shall be deposited in the designated law enforcement account, and when required to the control of the Police Department according to law.
(4) Upon obtaining the appropriate court order authorizing sale of contraband or when the motor vehicle goes unclaimed for 90 days, the Chief of Police is hereby authorized to utilize internet auction listing service(s) as provided for in this section.
(d) Funds obtained from the sale of abandoned motor vehicles impounded by the Stow Police Department, which are not deemed suitable for law enforcement purposes, shall be used to pay reasonable towing fees and the remaining funds, if any, shall be credited to the appropriate fund. Funds obtained from the sale of contraband or unclaimed property under the control of the Police Department shall be credited to the appropriate law enforcement fund, as required by law.
(Ord. 2010-80. Passed 5-27-10.)