Pennsylvania § 4303 - Personal property.

§ 4303. Personal property.

(a) Approval, fair market value and advertisement.--Except as provided in subsection (d), township personal property may not be disposed of, by sale or otherwise, except upon approval of the board of commissioners. The following apply:

(1) If the board of commissioners approves a sale of property, the board of commissioners shall estimate the fair market value of the entire lot to be disposed of.

(2) If the board of commissioners estimates the fair market value to be $2,000 or more, the entire lot shall be advertised for sale once, in at least one newspaper of general circulation, not fewer than 10 days prior to the date fixed for the opening of bids or public auction. The date of opening of bids or public auction shall be announced in the advertisement, and sale of the property advertised shall be made to the highest bidder.

(b) Online or electronic sales.--A public auction of personal property may be conducted by means of an online or electronic auction sale. The following apply:

(1) During an electronic auction sale, bids shall be accepted electronically at the time and in the manner designated in the advertisement.

(2) During the electronic auction, each bidder shall have the capability to view the bidder's bid rank or the high bid price. The bidder may increase the bidder's bid price during the electronic auction.

(3) The record of the electronic auction shall be accessible for public inspection.

(4) The purchase price shall be paid by the highest bidder immediately or at a reasonable time after the conclusion of the electronic auction as determined by the board of commissioners.

(5) Any incurred shipping costs shall be paid by the highest bidder.

(6) A township that has complied with the advertising requirements of this section may provide additional public notice of the sale by bids or public auction in any manner deemed appropriate by the board of commissioners.

(7) The advertisement for electronic auction sales authorized in this section shall include the Internet address or means of accessing the electronic auction and the date, time and duration of the electronic auction.

(c) Rejection of bids.--The board of commissioners may reject any bids received if the bids are believed to be less than the fair market value of the property. If no compliant bids are received after advertisement, the applicable procedures in the act of October 27, 1979 (P.L.241, No.78), entitled "An act authorizing political subdivisions, municipality authorities and transportation authorities to enter into contracts for services, the purchase of goods and the sale of real and personal property where no bids are received," shall be followed.

(d) Surplus personal property.--The board of commissioners shall, by resolution, adopt a procedure for the sale of surplus personal property, either individual items or lots of items, of an estimated fair market value of less than $2,000. The approval of the board of commissioners shall not be required for an individual sale that is made in conformity with the procedure.

(e) Trades or exchanges.--The provisions of this section shall not be mandatory if township personal property is to be traded in or exchanged for new or used personal property being acquired by the township, except that the trade or exchange shall be by resolution.