Ohio § 505.10

§ 505.10.

(A) The board of township trustees may accept, on behalf of the township, the donation

by bequest, devise, deed of gift, or otherwise, of any real or personal property for

any township use.  When the township has property, including motor vehicles, road machinery, equipment,

and tools, that the board, by resolution, finds is not needed for public use, is obsolete,

or is unfit for the use for which it was acquired, the board may sell and convey that

property or otherwise dispose of it in accordance with this section.  Except as otherwise provided in sections 505.08 , 505.101 , and 505.102 of the Revised Code , the sale or other disposition of unneeded, obsolete, or unfit-for-use property shall

be made in accordance with one of the following: (1) If the fair market value of property to be sold is, in the opinion of the board,

in excess of two thousand five hundred dollars, the sale shall be by public auction

or by sealed bid to the highest bidder.  The board shall publish notice of the time, place, and manner of the sale once a

week for two weeks using at least one of the following methods: (a) In the print or digital edition of a newspaper published, or of general circulation,

in the township; (b) On the official public notice web site established under section 125.182 of the Revised Code ; (c) On the web site and social media account of the township. The board shall post a typewritten or printed notice of the time, place, and manner

of the sale in the office of the board for at least ten days prior to the sale.  The board may also cause notice to be inserted in trade papers or other publications

designated by it or to be distributed by electronic means, including posting the notice

on the board's internet web site. If the board conducts the sale of the 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 published

and posted notices.  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) If the fair market value of property to be sold is, in the opinion of the board,

two thousand five hundred dollars or less, the board may do either of the following: (a) Sell the property by private sale, without advertisement or public notification; (b) 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 property, the nonprofit organization shall provide the board evidence

that the organization is located in this state and is exempt from federal income taxation

pursuant to 26 U.S.C. 501(a) and (c)(3) . (3) If the board finds, by resolution, that the township has motor vehicles, road machinery,

equipment, or tools that are not needed or are unfit for public use, and the board

wishes to sell the motor vehicles, road machinery, equipment, or tools to the person

or firm from which it proposes to purchase other motor vehicles, road machinery, equipment,

or tools, the board may offer to sell the motor vehicles, road machinery, equipment,

or tools to that person or firm, and to have the selling price credited to the person

or firm against the purchase price of other motor vehicles, road machinery, equipment,

or tools. (4) If the board advertises for bids for the sale of new motor vehicles, road machinery,

equipment, or tools to the township, it may include in the same advertisement a notice

of the willingness of the board to accept bids for the purchase of township-owned

motor vehicles, road machinery, equipment, or tools that are obsolete or not needed

for public use, and to have the amount of those bids subtracted from the selling price

of the new motor vehicles, road machinery, equipment, or tools, as a means of determining

the lowest responsible bidder. (5) When a township has title to real property, the board of township trustees, by resolution,

may authorize the transfer and conveyance of that property to any other political

subdivision of the state upon such terms as are agreed to between the board and the

legislative authority of that political subdivision. (6) When a township has title to real property and the board of township trustees wishes

to sell or otherwise transfer the property, the board, upon a unanimous vote of its

members and by resolution, may authorize the transfer and conveyance of that real

property to any person upon whatever terms are agreed to between the board and that

person. (7) If the board of township trustees determines that township 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. (B) When the board has offered property at public auction under this section and has

not received an acceptable offer, the board, by resolution, may enter into a contract,

without advertising or bidding, for the sale of that property.  The resolution shall specify a minimum acceptable price and the minimum acceptable

terms for the contract.  The minimum acceptable price shall not be lower than the minimum price established

for the public auction. (C) Members of the board 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)(2) of this section to a nonprofit organization

of which a township trustee, any member of the township trustee's family, or any business

associate of the township trustee is a trustee, officer, board member, or employee. (D) Notwithstanding anything to the contrary in division (A) or (B) of this section and

regardless of the property's value, the board may sell personal property, including

motor vehicles, 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, 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 ten days, including Saturdays, Sundays, and legal holidays.  The resolution shall indicate whether the township will conduct the auction or the

board 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 board shall publish notice of its intent to

sell unneeded, obsolete, or unfit-for-use township personal property by internet auction,

using at least one of the following methods: (1) In the print or digital edition of a newspaper of general circulation in the township; (2) On the official public notice web site established under section 125.182 of the Revised Code ; (3) On the web site and social media account of the township. The notice shall include a summary of the information provided in the resolution and

shall be published at least twice.  A similar notice also shall be posted continually throughout the calendar year in

a conspicuous place in the board's office.  The board may also cause notice to be inserted in trade papers or other publications

designated by it or to be distributed by electronic means, including posting the notice

on the board's internet 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 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 board or its representative.