Effective: September 28, 2012
Latest Legislation: House Bill 509 - 129th General Assembly
(A) Except as otherwise provided in divisions (D), (E), and (G) of this section, when the board of county commissioners finds, by resolution, that the county has personal property, including motor vehicles acquired for the use of county officers and departments, and road machinery, equipment, tools, or supplies, that is not needed for public use, is obsolete, or is unfit for the use for which it was acquired, and when the fair market value of the property to be sold or donated under this division is, in the opinion of the board, in excess of two thousand five hundred dollars, the board may do either of the following:
(1) Sell the property at public auction or by sealed bid to the highest bidder. Notice of the time, place, and manner of the sale shall be published in a newspaper of general circulation in the county at least ten days prior to the sale, and a typewritten or printed notice of the time, place, and manner of the sale shall be posted at least ten days before the sale in the offices of the county auditor and the board of county commissioners.
If a board conducts a sale of property by sealed bid, the form of the bid shall be as prescribed by the board, and each bid shall contain the name of the person submitting it. Bids received shall be opened and tabulated at the time stated in the notice. The property shall be sold to the highest bidder, except that the board may reject all bids and hold another sale, by public auction or sealed bid, in the manner prescribed by this section.
(2) Donate any motor vehicle that does not exceed four thousand five hundred dollars in value to a nonprofit organization exempt from federal income taxation pursuant to 26 U.S.C. 501(a) and (c)(3) for the purpose of meeting the transportation needs of participants in the Ohio works first program established under Chapter 5107. of the Revised Code and participants in the prevention, retention, and contingency program established under Chapter 5108. of the Revised Code.
(B) When the board of county commissioners finds, by resolution, that the county has personal property, including motor vehicles acquired for the use of county officers and departments, and road machinery, equipment, tools, or supplies, that is not needed for public use, is obsolete, or is unfit for the use for which it was acquired, and when the fair market value of the property to be sold or donated under this division is, in the opinion of the board, two thousand five hundred dollars or less, the board may do either of the following:
(1) Sell the property by private sale, without advertisement or public notification;
(2) Donate the property to an eligible nonprofit organization that is located in this state and is exempt from federal income taxation pursuant to 26 U.S.C. 501(a) and (c)(3). Before donating any property under this division, the board shall adopt a resolution expressing its intent to make unneeded, obsolete, or unfit-for-use county personal property available to these organizations. The resolution shall include guidelines and procedures the board considers necessary to implement a donation program under this division and shall indicate whether the county will conduct the donation program or the board will contract with a representative to conduct it. 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.
The resolution shall include within its procedures a requirement that any nonprofit organization desiring to obtain donated property under this division shall submit a written notice to the board or its representative. The written notice shall include evidence that the organization is a nonprofit organization that is located in this state and is exempt from federal income taxation pursuant to 26 U.S.C. 501(a) and (c)(3); a description of the organization's primary purpose; a description of the type or types of property the organization needs; and the name, address, and telephone number of a person designated by the organization's governing board to receive donated property and to serve as its agent.
After adoption of the resolution, the board shall publish, in a newspaper of general circulation in the county, notice of its intent to donate unneeded, obsolete, or unfit-for-use county personal property to eligible nonprofit organizations. The notice shall include a summary of the information provided in the resolution and shall be published twice or as provided in section 7.16 of the Revised Code. 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 in a conspicuous place in the offices of the county auditor and the board of county commissioners. If the county maintains a web site on the internet, the notice shall be posted continually at that web site.
The board or its representative shall maintain a list of all nonprofit organizations that notify the board or its representative of their desire to obtain donated property under this division and that the board or its representative determines to be eligible, in accordance with the requirements set forth in this section and in the donation program's guidelines and procedures, to receive donated property.
The board or its representatives also shall maintain a list of all county personal property the board finds to be unneeded, obsolete, or unfit for use and to be available for donation under this division. The list shall be posted continually in a conspicuous location in the offices of the county auditor and the board of county commissioners, and, if the county maintains a web site on the internet, the list shall be posted continually at that web site. An item of property on the list shall be donated to the eligible nonprofit organization that first declares to the board or its representative its desire to obtain the item unless the board previously has established, by resolution, a list of eligible nonprofit organizations that shall be given priority with respect to the item's donation. Priority may be given on the basis that the purposes of a nonprofit organization have a direct relationship to specific public purposes of programs provided or administered by the board. A resolution giving priority to certain nonprofit organizations with respect to the donation of an item of property shall specify the reasons why the organizations are given that priority.
(C) Members of the board of county commissioners shall consult with the Ohio ethics commission, and comply with the provisions of Chapters 102. and 2921. of the Revised Code, with respect to any sale or donation under division (A) or (B) of this section to a nonprofit organization of which a county commissioner, any member of the county commissioner's family, or any business associate of the county commissioner is a trustee, officer, board member, or employee.
(D) Notwithstanding anything to the contrary in division (A), (B), or (E) of this section and regardless of the property's value, the board of county commissioners may sell or donate county personal property, including motor vehicles, to the federal government, the state, any political subdivision of the state, or a county land reutilization corporation without advertisement or public notification.
(E) Notwithstanding anything to the contrary in division (A), (B), or (G) of this section and regardless of the property's value, the board of county commissioners may sell personal property, including motor vehicles acquired for the use of county officers and departments, and road machinery, equipment, tools, or supplies, that is not needed for public use, is obsolete, or is unfit for the use for which it was acquired, by internet auction. The board shall adopt a resolution expressing its intent to sell property by internet auction. The resolution shall include a description of how the internet 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 county will conduct the internet auctions or the board will contract with a representative to conduct the internet auctions 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 board shall publish, in a newspaper of general circulation in the county, notice of its intent to sell unneeded, obsolete, or unfit-for-use county personal property by internet auction. The notice shall include a summary of the information provided in the resolution and shall be published twice or as provided in section 7.16 of the Revised Code. 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 in a conspicuous place in the offices of the county auditor and the board of county commissioners. If the county maintains a web site on the internet, the notice shall be posted continually at that web site.
When property is to be sold by internet auction, the board or its representative may establish a minimum price that will be accepted for specific items and may establish any other terms and conditions for a 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 board or its representative.
(F) When a county officer or department head determines that county-owned personal property under the jurisdiction of the officer or department head, including motor vehicles, road machinery, equipment, tools, or supplies, is not of immediate need, the county officer or department head may notify the board of county commissioners, and the board may lease that personal property to any municipal corporation, township, other political subdivision of the state, or to a county land reutilization corporation. The lease shall require the county to be reimbursed under terms, conditions, and fees established by the board, or under contracts executed by the board.
(G) If the board of county commissioners finds, by resolution, that the county has vehicles, equipment, or machinery that is not needed, or is unfit for public use, and the board desires to sell the vehicles, equipment, or machinery to the person or firm from which it proposes to purchase other vehicles, equipment, or machinery, the board may offer to sell the vehicles, equipment, or machinery to that person or firm, and to have the selling price credited to the person or firm against the purchase price of other vehicles, equipment, or machinery.
(H) If the board of county commissioners advertises for bids for the sale of new vehicles, equipment, or machinery to the county, it may include in the same advertisement a notice of the willingness of the board to accept bids for the purchase of county-owned vehicles, equipment, or machinery that is obsolete or not needed for public use, and to have the amount of those bids subtracted from the selling price of the other vehicles, equipment, or machinery as a means of determining the lowest responsible bidder.
(I) If a board of county commissioners determines that county 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 board may discard or salvage that property.
(J) A county engineer, in the engineer's discretion, may dispose of scrap construction materials on such terms as the engineer determines reasonable, including disposal without recovery of costs, if the total value of the materials does not exceed twenty-five thousand dollars. The engineer shall maintain records of all dispositions made under this division, including identification of the origin of the materials, the final disposition, and copies of all receipts resulting from the dispositions.
As used in division (I) of this section, "scrap construction materials" means construction materials that result from a road or bridge improvement, remain after the improvement is completed, and are not reusable. Construction material that is metal and that results from a road or bridge improvement and remains after the improvement is completed is scrap construction material only if it cannot be used in any other road or bridge improvement or other project in its current state.
Structure Ohio Revised Code
Chapter 307 | Board of County Commissioners - Powers
Section 307.01 | County Buildings, Offices, Equipment.
Section 307.02 | Methods for Providing County Facilities.
Section 307.023 | Contract for Acquisition or Use of Sports Facilities.
Section 307.03 | Use of County Buildings for Public Library.
Section 307.04 | Light, Heat, and Power Contracts.
Section 307.041 | Contracts to Analyze Reducing Energy Consumption in Buildings Owned by County.
Section 307.042 | Contracts to Regulate Utility Rates of Users of Municipal Utility.
Section 307.052 | Creating Joint Emergency Medical Services District.
Section 307.053 | Members of Board of Trustees.
Section 307.054 | Executive Director Duties - Employees.
Section 307.055 | Furnishing Ambulance and Emergency Medical Services.
Section 307.056 | Powers of Board of Trustees.
Section 307.057 | Levying Taxes - Issuing Bonds.
Section 307.06 | Board of County Commissioners May Employ Land Appraisers.
Section 307.07 | Office of Economic Development.
Section 307.08 | Appropriation of Lands.
Section 307.081 | Purchase or Appropriation of Real Property for Redevelopment.
Section 307.083 | Method for Purchasing Real Estate at Public Auction.
Section 307.09 | Sale, Lease, or Rent of County Real Estate - Proceeds.
Section 307.091 | Sale of County Medical Facility to State Medical School or College.
Section 307.10 | Procedure for Sale, Lease, Transfer or Granting of Rights in Real Property.
Section 307.11 | Board of County Commissioners May Execute Leases of Mineral Lands.
Section 307.12 | Resolution for Disposal of Unneeded, Obsolete or Unfit Personal Property.
Section 307.13 | Contracting for Services of Electrical Safety Inspector.
Section 307.14 | Legislative Authority and Contracting Subdivision Definitions.
Section 307.15 | Contracts With Other Governmental Entities.
Section 307.151 | Agreement With Municipalities for Control of Air and Water Pollution.
Section 307.153 | Agreements With Board of Health.
Section 307.16 | Agreement to Provide Method of Payment.
Section 307.17 | Duration of Agreement - Rescission.
Section 307.18 | Transfer of Property to County Commissioners.
Section 307.19 | Application of Sections.
Section 307.20 | Powers Over Air Navigation Facilities.
Section 307.201 | Acquisition and Operation of Subway Transportation System.
Section 307.202 | Development of Rail Property and Rail Service.
Section 307.203 | Appropriating Moneys for Railroad Grade Crossing Improvement Fund.
Section 307.21 | Bequests for War Memorial.
Section 307.22 | Bequests for Educational Purposes.
Section 307.23 | Historical Society Appropriations.
Section 307.24 | Itemized Account.
Section 307.25 | Distribution of Books.
Section 307.26 | Organization and Maintenance of Civic and Social Centers.
Section 307.27 | Contributions to Soil Conservation Districts.
Section 307.28 | Grant of Use of Land in Parks for Art Buildings.
Section 307.281 | Contributions for Park Projects.
Section 307.282 | Creating Community Improvements Board.
Section 307.283 | Community Improvements Board; Powers and Duties.
Section 307.284 | Issuing Bonds to Make Grants in Excess of Community Improvement Fund.
Section 307.29 | County May Lease to Municipal Corporation.
Section 307.30 | Annual Report.
Section 307.31 | Order for Survey of County Lines.
Section 307.32 | Notice to Board of County Commissioners of County Affected.
Section 307.33 | Return of Survey.
Section 307.34 | Action to Establish Lines Between Counties.
Section 307.35 | Decree as to Taxes Collected.
Section 307.36 | Corners of Originally Surveyed Townships.
Section 307.37 | Adoption of County Building Code.
Section 307.38 | County Building Inspector - Duties.
Section 307.381 | Establishing County Board of Building Appeals.
Section 307.39 | Publication of Building Regulations.
Section 307.41 | Purchase or Lease of Motor Vehicles.
Section 307.42 | Use of Vehicles to Be Regulated.
Section 307.43 | Use of County Vehicle Except for Official Business Prohibited.
Section 307.44 | Liability Insurance for Motor Vehicles Owned by County.
Section 307.441 | Errors and Omissions Insurance for Officers, Employees and Judges.
Section 307.45 | Using Property Tax Levied for Criminal Justice Services.
Section 307.46 | Expenses of Arrest - Payment.
Section 307.47 | Relief for Persons Injured in Automobiles Commandeered by Police Officer.
Section 307.48 | Proof of Validity of Claim.
Section 307.49 | Reward for Apprehension of Criminals.
Section 307.50 | Expenses of Pursuit and Return of Felon.
Section 307.51 | County Law Library Resources Board.
Section 307.511 | Law Library Resources Board Members.
Section 307.512 | Law Library Resources Board Meetings.
Section 307.513 | Annual Board Budget - Appropriations From General Fund.
Section 307.514 | County Law Library Resources Fund.
Section 307.515 | Allowance to Law Libraries From Fines and Penalties of Municipal Courts.
Section 307.516 | Multi-County Law Library Resources Commission.
Section 307.52 | Expert Witnesses.
Section 307.53 | Procedure When County Auditor Unable to Sign Bonds Due to Absence or Disability.
Section 307.54 | Registry and Redemption of Bonds.
Section 307.55 | Allowance and Payment of Claims Against County.
Section 307.56 | Appeal From Decision of Board of County Commissioners.
Section 307.561 | Settlement May Include Rezoning Agreement or Development Plan Approval.
Section 307.57 | May Execute Bonds of Indemnity.
Section 307.58 | Transcribing of Certain Records.
Section 307.59 | Transcribing of Court Records.
Section 307.61 | Institutions Subject to Inspection of Commissioners or Board of Health.
Section 307.62 | Crime Victim Assistance Program - Appropriating Moneys.
Section 307.621 | Establishing Child Fatality Review Board.
Section 307.622 | Members of Child Fatality Review Board.
Section 307.623 | Child Fatality Review Board - Purpose and Duties.
Section 307.624 | Organization of Child Fatality Review Board.
Section 307.625 | No Review While Investigation Pending.
Section 307.626 | Annual Report.
Section 307.627 | Accessing Confidential Information.
Section 307.629 | Unauthorized Dissemination of Confidential Information.
Section 307.63 | Establishing Countywide Public Safety Communications System.
Section 307.631 | Establishing Drug Overdose Fatality Review Committee.
Section 307.632 | Members of Drug Overdose Fatality Review Committee.
Section 307.633 | Chairperson of Drug Overdose Fatality Review Committee.
Section 307.634 | Purpose of Drug Overdose Fatality Review Committee.
Section 307.635 | No Review While Investigation or Prosecution Pending.
Section 307.636 | Collecting and Maintaining Information; Annual Report.
Section 307.637 | Providing Information to Drug Overdose Fatality Review Committee.
Section 307.639 | Confidentiality.
Section 307.64 | Appropriating Moneys From Tax Levies for Economic Development.
Section 307.641 | Establishing Suicide Fatality Review Committee.
Section 307.642 | Members of Suicide Fatality Review Committee.
Section 307.643 | Purpose of Suicide Fatality Review Committee.
Section 307.644 | Chairperson of Suicide Fatality Review Committee.
Section 307.645 | No Review While Investigation or Prosecution Pending.
Section 307.646 | Collecting and Maintaining Information; Annual Report.
Section 307.647 | Providing Information to Suicide Fatality Review Committee.
Section 307.649 | Confidentiality.
Section 307.6410 | Hybrid Review Committee.
Section 307.65 | Harbor Improvements.
Section 307.66 | Memorial Day Appropriations.
Section 307.67 | County May Give Aid to Establish Canal or Waterway.
Section 307.675 | Using Long Life Expectancy Material in the Construction or Repair of Bridge Deck.
Section 307.678 | Tourism Development Facility or Project Cooperative Agreements.
Section 307.679 | Sports Parks; Cooperative Agreements; Bonds.
Section 307.68 | Board May Issue Bonds Upon Petition.
Section 307.69 | Agreements for Protection of Funds Contributed.
Section 307.693 | Appropriating Moneys for Convention and Visitors' Bureaus.
Section 307.694 | Expending Funds for Senior Citizens Services or Facilities.
Section 307.697 | Voting on Question of Levying Liquor Tax to Support Facility.
Section 307.698 | Moneys Spent for Housing Purposes.
Section 307.6910 | Operation of Veterans Memorial and Museum.
Section 307.70 | County Charter Commissions.
Section 307.71 | Adoption of Curfew.
Section 307.72 | Appropriating Funds for Police Training.
Section 307.73 | Contract for Private Construction of Water and Sewer Lines.
Section 307.74 | Purchasing Water From Municipality.
Section 307.75 | Operating or Contracting for Operation of Police Training Schools.
Section 307.76 | Operating or Contracting for Operation of Zoological Park.
Section 307.761 | Facility to Promote Sciences and Natural History.
Section 307.77 | Giving Aid to Units of Government for Water Management.
Section 307.771 | Issuing Bonds for Water Management.
Section 307.772 | Agreements for Facilitating Water Management Projects.
Section 307.78 | Making Contributions to Community Improvement Corporations.
Section 307.781 | Unpaid or Delinquent Tax Line of Credit.
Section 307.79 | Administrative Rules.
Section 307.791 | Election on Repeal of County Sediment Control Rule.
Section 307.80 | Establishing County Microfilming Board.
Section 307.801 | Organization of Board.
Section 307.802 | Powers and Duties of Board.
Section 307.803 | Funds of Board.
Section 307.804 | Chief Administrator - Employees.
Section 307.805 | Annual Estimate of the Revenues and Expenditures - Report.
Section 307.806 | Contract for Services With Other Public Entities.
Section 307.81 | Vacating Unused Parks and Park Lands.
Section 307.82 | Selling Unused Parks and Park Lands.
Section 307.83 | Reversionary Interest in Parks and Park Lands.
Section 307.84 | Establishing Automatic Data Processing Board.
Section 307.841 | Organization of Board.
Section 307.842 | County Automatic Data Processing Board - Powers and Duties.
Section 307.843 | Acquiring Data Processing or Record Keeping Equipment, Software, or Services.
Section 307.844 | Chief Administrator - Automatic Data Processing Center.
Section 307.845 | Annual Estimate of the Revenues and Expenditures - Report.
Section 307.846 | Contract for Services With Other Public Entities.
Section 307.847 | Coordination of Information by County Automatic Data Processing Board.
Section 307.85 | Cooperation With Other Agencies in Operating Federal Programs.
Section 307.86 | Competitive Bidding Required - Exceptions.
Section 307.862 | Competitive Sealed Proposals - Procedure.
Section 307.863 | Bidding Process for Franchises.
Section 307.87 | Notice of Competitive Bidding.
Section 307.88 | Bid Contents.
Section 307.89 | Accepting Bids.
Section 307.90 | Contract Award - Preferences.
Section 307.91 | Rejecting All Bids.
Section 307.92 | Contracting Authority Defined.
Section 307.921 | Policy to Assist Minority Business Enterprises.
Section 307.93 | Joint Establishment of a Multicounty Correctional Center.
Section 307.931 | Submitting Health Insurance Claims for Inmates of Correctional Center.
Section 307.932 | Community Alternative Sentencing Centers.
Section 307.933 | Issuance of Securities.
Section 307.94 | Petitioning for Election on Adoption of County Charter.
Section 307.95 | Determining Validity of Petitions.
Section 307.96 | Charter or Amendment Effective Date.
Section 307.97 | Filing Sworn Itemized Statement of Financial Transactions.
Section 307.98 | Written Partnership Agreement With Director of Job and Family Services.
Section 307.981 | Designating Entities as Family Services Agencies.
Section 307.982 | Contracts to Perform Family Services Duty or Workforce Development Activity.
Section 307.986 | Procedures for Providing Services to Children Whose Families Relocate Frequently.
Section 307.988 | Federal Requirements for Contracts With Religious Organization.