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HomeMy WebLinkAbout13-07 OrdinanceRECORD OF ORDINANCES ~ Dayton Legal Blank, Inc. Form No. 30043 ~ ~ 3.07 Qrdrnance Na 1 1 Passed , ~Q AN ORDINANCE AMENDING CHAPTER 3l ~"CONTRACTING AND COMPETITIVE BIDDING"} OF THE DUBLIN CODIFIED ORDINANCES, AND DECLARING AN EMERGENCY, WHEREAS, Dublin City Council, under Home Rule authority, has the ability to exempt the City of Dublin from certain sections of the Ohio Revised Code relating to contracting and competitive bidding; and WHEREAS, Dublin City Cauncil, under Hame Rule authority, also has the ability to exempt the City from Ohio Revised Cade Section 121,15, " Disposition of unneeded, obsolete, or unfit personal property," by enacting legislation establishing procedures for the disposal of surplus property that is no longer necessaryfortheoperation afthe City; and WHEREAS, procedures including but not limited to internet auction, on-site public auction, sale to other government jurisdictions, trade-in, and donation to charitable andlornot-for-profit organizations, can be utilized to ensure that the City obtains reasonable value forsurplus property, and WHEREAS, it is has been determined to be in the City's best interest to amend Chapter 37 of the Dublin Codified Ordinances to provide for the disposal ofsurplus property; NOW THEREFOR , BE IT ORDAINED by the Cauncil of the City of Dublin, State of Ohia, of the elected members concurring, that: Section 1. Chapter 37 of the Dublin Codified Ordinances is hereby amended by adding Section 3108 (Disposal and Sale of Surplus Property} which reads as follows: § 37.08 DISPOSAL AND SALE OF SURPLUS PROPERTY Surplus property awned by the City of Dublin that is determined by the Finance Director, with the approval of the City Manager, to no longer be needed for municipal purposes may be declared surplus and disposed of by anyaf thefallowing methods: 1 } By sale by sealed bid to the highest and best bidder, fallowing notice at least one (1 ~ time in a newspaper of general circulation in the City of Dublin and pasting on the City of Dublin website at least ten (10~ business days priarto the opening of bids. 2} By live public auction. 3} By internet auction. Notice of internet auction will be posted on the City of Dublin website at least ten (10~ business days prior to commencement of bidding. 4} By sale to another government jurisdiction without the requirement of competitive bidding. 5} By trade-in for credit at the time of the purchase of replacement property, provided that trade-in value is established separately from the purchase price of the replacement property, and can be verified to representfair marketvalueforthe traded property. fi} By sale for scrap value, or discarding, if the property can be Shawn to have minimal orna residual marketvalue in its currentfarm. l} By destruction upon the determination by the City Manager that the surplus property must be destroyed far public safety reasons. 8} By donation to an appropriate charitable organization with the approval of the City Manager. RECORD OF ORDINANCES I Dayton Legal Blank, Inc, Farm Na. 30043 13-07 O~drnance No. Passed Page ~ 20 Disposal ofall municipally-owned propertythat has been declared surplus and to no longer be needed far municipal purposes that has an estimated value of greater than $S,Ogo, or is a motor vehicle, may be disposed of by any of the above methods with the prior approval of City Council, The Finance director will estimate the value of the property deemed by the user division to be surplus far purposes of determining the method to be used for the disposal of property, All property determined to be surplus and disposed of shalt be fully documented and recorded for purposes of maintaining an accurate inventory ofCity-owned property. Section 2. This ordinance is hereby declared to bean emergency necessary far the immediate preservation of the public health, safety and welfare, The reason for such necessity is to permit certain Internet auctions already in process and those planned to begin prior to April 18, 2DOl but after the one-year period authorized by Resolution 26-06 to proceed as scheduled. Therefore, this ordinance shall go into immediate effect, Passed this ~~ day of Ci .Y~ , 2007 Mayor- Presiding Officer ATTEST; Clerk of Council i Ord. 13-07 -attachment 7.. . , -~ - -, - -~ r -, . d ~ - -, 7 (A) Personal property not needed for municipal purposes, the estimated value of which is less than one thousand dollars, may be sold by the board or officer having supervision or management of that property. If the estimated value of that property is one thousand dollars or more, it shall be sold only when authorized by an ordinance of the legislative authority of the municipal corporation and approved by the board, officer, or director having supervision or management of that property. When so authorized, the board, officer, or director shall make a written contract with the highest and best bidder after advertisement for not less than two or more than four consecutive weeks in a newspaper of general circulation within the municipal corporation, or with a board of county commissioners upon such lawful terms as are agreed upon, as provided by division (B)(1) of section 721.27 of the Revised Code. (B) When the legislative authority finds, by resolution, that the municipal corporation has vehicles, equipment, or machinery which is obsolete, or is not needed or is unfit for public use, that the municipal corporation has need of other vehicles, equipment, or machinery of the same type, and that it will be in the best interest of the municipal corporation that the sale of obsolete, unneeded, or unfit vehicles, equipment, or machinery be made simultaneously with the purchase of the new vehicles, equipment, or machinery of the same type, the legislative authority may offer to sell, or authorize a board, officer, or director of the municipal corporation having supervision or management of the property to offer to sell, those vehicles, equipment, or machinery and to have the selling price credited against the purchase price of other vehicles, equipment, or machinery and to consummate the sale and purchase by a single contract with the lowest and best bidder to be determined by subtracting from the selling price of the vehicles, equipment, or machinery to be purchased by the municipal corporation the purchase price offered for the municipally-owned vehicles, equipment, or machinery. When the legislative authority or the authorized board, officer, or director of a municipal corporation advertises for bids for the sale of new vehicles, equipment, or machinery to the municipal corporation, they may include in the same advertisement a notice of willingness to accept bids for the purchase of municipally-owned vehicles, equipment, or machinery which is obsolete, or is not needed or is unfit for public use, and to have the amount of those bids subtracted from the selling price as a means of determining the lowest and best bidder. (C) If the legislative authority of the municipal corporation determines that municipal personal property is not needed for public use, or is obsolete or unfit for the use for which it was acquired, and that the property has no value, the legislative authority may discard or salvage that property. -1- (D) Notwithstanding anything to the contrary in division (A) or (B) of this section and regardless of the property's value, the legislative authority of a municipal corporation may sell personal property, including motor vehicles acquired for the use of municipal officers and departments, and road machinery, equipment, tools, or supplies, which is not needed for public use, or is obsolete or unfit for the use for which it was acquired, by Internet auction. The legislative authority shall adopt, during each calendar year, a resolution expressing its intent to sell that 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 fifteen 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. After adoption of the resolution, 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 offices of the village clerk or city auditor, and the legislative authority, and, if the municipal corporation maintains a website on the Internet, the notice shall be posted continually throughout the calendar year at that website. 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 pick-up 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. HISTORY: RS Bates § 1536-118; 96 v 30, § 25; GC § 3703;124 v 215; Bureau of Code Revision,10-1-53;128 v 1070 (Eff 10-12-59);149 v H 226. Eff 1-25-2002;150 v H 204, § 1, eff.11-5-04;150 v S 222, § 1, eff. 4-27-05. Effect of Amendments 150 v S 222, effective April 27, 2005, in (A), inserted "division (B)(1) of'. 150 v H 204, effective November 5, 2004, deleted the final paragraph, defining "Internet". -2- CITY ~}F DllBLIN Office of the City Manager 5200 Emerald Parkway • Dublin, 0H 43017 Phone: X14-410-4400 • Fax: 614-410-4490 To: Members of Dublin City Council Memo From: Jane S, Brautigam, City Manage ~,,,,~~, ~ ' Date: March 15, 2007 Initiated By: Michele M. Hoyle, Director of Fiscal Administrative Stephen A. Sova, Director of Accounting and Auditing Re: ordinance 13-01, Amending Chapter 3l ~"Contracting and Competitive Bidding"~ of the Dublin Codified ordinances SUMMARY' Qn March 20, 2006, Resolution 26-06 authorized the use of internet auction as a method of disposal of assets no longer needed by the City. This resolution was required for compliance wi#h Ohio Revised Code, and provided authorization for the use of internet auction for one yearfrom passage. ordinance 13-O1, which amends Chapter 37 ~"Contracting and Competitive Bidding"} will allow the City to continue use of the internet auction as an option for disposal of these assets without annual Council authorization. This ordinance is scheduled for second reading on March 19, 200?. If passed without emergency language, the ordinance would take effect thirty days after passage, or April 18, 2001. In order to continue with the internet auctions already in process or that are planned to begin prior to April 18, 2007, but after the one-year period authorized by Resolution 26-06, ordinance 13-O1 has been amended for passage as an emergency. REC4MMENDATfON: Staff is recommending passage of ordinance 13-07 by emergency. Attachment CITY ~3F D~LIN Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017 Phone: b 14-410-4400 • Fax: ~ 14-410-4490 To: Members of Dublin City Council From: Jane S. Brautigam, City Manage ~.,,,~, ~. Date: March 1, 2007 Initiated By: Michele M. Hoyle, Director of Fiscal Administration Stephen A. Sova, Director of Accounting and Auditing Memo Re: Ordinance 13-07, Amending Chapter 37 ("Contracting and Competitive Bidding"} of the Dublin Codified Ordinances fiTTMMARV~ Ordinance 13-07 amends Chapter 37 ~"Contracting and Competitive Bidding"} by adding section 37.08. Section 37.08 outlines the procedure under which the City may dispose of surplus property owned by the City that is determined to no longer be necessary for municipal purposes. Currently, the Dublin City Code is silent as to how the City disposes of surplus or no longer needed municipally-owned property, and therefore the City currently follows Ohio Revised Code Section 721.15, "Disposition of unneeded, obsolete, or unfit personal property" ~attached~. The addition of Section 37.08 will provide for the disposal of such items. This ordinance specifies various methods that can be used for disposal, including live or Internet auction, sale to another government entity, sealed bid, trade-in, or donation to an appropriate charitable organization with the approval of the City Manager. The ordinance designates the Finance Director as the official who determines that property is surplus, with the concurrence of the City Manager, to ensure that surplus property is disposed of in a consistent manner citywide, and that fixed assets are properly accounted far when they are no longer needed by the City. It also specifies that Council action will be necessary to dispose of any items valued at greater than $5,000 or any motor vehicles, ensuring that City Council concurs on disposal of items that are of relatively higher value. RECONIlVIENDATION: Staff is recommending passage of Ordinance 13-07. Attachment