As Introduced

128th General Assembly
Regular Session
2009-2010
H. B. No. 111


Representative DeGeeter 

Cosponsors: Representatives Murray, Letson, Dodd, Amstutz, Newcomb, Luckie, Patten, Evans, Domenick, Phillips, Zehringer, Slesnick, Chandler, Heard 



A BILL
To amend section 721.15 of the Revised Code to 1
reduce, from fifteen to ten, the minimum number of 2
days for bidding when a nonchartered municipal 3
corporation sells personal property by Internet 4
auction.5


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That section 721.15 of the Revised Code be amended 6
to read as follows:7

       Sec. 721.15.  (A) Personal property not needed for municipal8
purposes, the estimated value of which is less than one thousand9
dollars, may be sold by the board or officer having supervision or10
management of that property. If the estimated value of that11
property is one thousand dollars or more, it shall be sold only12
when authorized by an ordinance of the legislative authority of13
the municipal corporation and approved by the board, officer, or14
director having supervision or management of that property. When15
so authorized, the board, officer, or director shall make a16
written contract with the highest and best bidder after17
advertisement for not less than two or more than four consecutive18
weeks in a newspaper of general circulation within the municipal19
corporation, or with a board of county commissioners upon such20
lawful terms as are agreed upon, as provided by division (B)(1) of 21
section 721.27 of the Revised Code.22

       (B) When the legislative authority finds, by resolution, that 23
the municipal corporation has vehicles, equipment, or machinery 24
which is obsolete, or is not needed or is unfit for public use, 25
that the municipal corporation has need of other vehicles, 26
equipment, or machinery of the same type, and that it will be in 27
the best interest of the municipal corporation that the sale of 28
obsolete, unneeded, or unfit vehicles, equipment, or machinery be 29
made simultaneously with the purchase of the new vehicles,30
equipment, or machinery of the same type, the legislative31
authority may offer to sell, or authorize a board, officer, or32
director of the municipal corporation having supervision or33
management of the property to offer to sell, those vehicles,34
equipment, or machinery and to have the selling price credited 35
against the purchase price of other vehicles, equipment, or 36
machinery and to consummate the sale and purchase by a single 37
contract with the lowest and best bidder to be determined by 38
subtracting from the selling price of the vehicles, equipment, or 39
machinery to be purchased by the municipal corporation the 40
purchase price offered for the municipally-owned vehicles, 41
equipment, or machinery. When the legislative authority or the 42
authorized board, officer, or director of a municipal corporation 43
advertises for bids for the sale of new vehicles, equipment, or 44
machinery to the municipal corporation, they may include in the 45
same advertisement a notice of willingness to accept bids for the46
purchase of municipally-owned vehicles, equipment, or machinery47
which is obsolete, or is not needed or is unfit for public use, 48
and to have the amount of those bids subtracted from the selling 49
price as a means of determining the lowest and best bidder.50

       (C) If the legislative authority of the municipal corporation 51
determines that municipal personal property is not needed for 52
public use, or is obsolete or unfit for the use for which it was 53
acquired, and that the property has no value, the legislative 54
authority may discard or salvage that property.55

       (D) Notwithstanding anything to the contrary in division (A)56
or (B) of this section and regardless of the property's value, the57
legislative authority of a municipal corporation may sell personal58
property, including motor vehicles acquired for the use of59
municipal officers and departments, and road machinery, equipment,60
tools, or supplies, which is not needed for public use, or is61
obsolete or unfit for the use for which it was acquired, by62
internet auction. The legislative authority shall adopt, during63
each calendar year, a resolution expressing its intent to sell64
that property by internet auction. The resolution shall include a65
description of how the auctions will be conducted and shall66
specify the number of days for bidding on the property, which67
shall be no less than fifteenten days, including Saturdays, 68
Sundays, and legal holidays. The resolution shall indicate whether 69
the municipal corporation will conduct the auction or the 70
legislative authority will contract with a representative to 71
conduct the auction and shall establish the general terms and72
conditions of sale. If a representative is known when the 73
resolution is adopted, the resolution shall provide contact74
information such as the representative's name, address, and 75
telephone number.76

       After adoption of the resolution, the legislative authority77
shall publish, in a newspaper of general circulation in the78
municipal corporation, notice of its intent to sell unneeded,79
obsolete, or unfit municipal personal property by internet80
auction. The notice shall include a summary of the information81
provided in the resolution and shall be published at least twice.82
The second and any subsequent notice shall be published not less83
than ten nor more than twenty days after the previous notice. A84
similar notice also shall be posted continually throughout the85
calendar year in a conspicuous place in the offices of the village86
clerk or city auditor, and the legislative authority, and, if the87
municipal corporation maintains a website on the internet, the88
notice shall be posted continually throughout the calendar year at89
that website.90

       When the property is to be sold by internet auction, the91
legislative authority or its representative may establish a92
minimum price that will be accepted for specific items and may93
establish any other terms and conditions for the particular sale,94
including requirements for pick-up or delivery, method of payment,95
and sales tax. This type of information shall be provided on the96
internet at the time of the auction and may be provided before97
that time upon request after the terms and conditions have been98
determined by the legislative authority or its representative.99

       Section 2. That existing section 721.15 of the Revised Code 100
is hereby repealed.101