13-07 OrdinanceRECORD OF ORDINANCES
~ Dayton Legal Blank, Inc. Form No. 30043 ~
~ 3.07
Qrdrnance Na
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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
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(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.
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(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".
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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