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ORDINANCE AUTHORIZING THE SERVICE DIRECTOR TO DISPOSE OF ONE JET TRUCK AND A RETIRED ATOMIC ABSORPTION UNIT UTILIZED BY THE WWTP DEPARTMENT AND GRANTING AUTHORIZATION TO SELL SAID VEHICLE AND EQUIPMENT ON THE OPEN MARKET, UPON SUCH TERMS AND AT SUCH PRICES AS ARE DEEMED MOST ADVANTAGEOUS TO THE CITY OF MARION AND DECLARING AN EMERGENCY
WHEREAS, the Council has been advised by the Service Director that a Sewer Flushing Truck and an Atomic Absorption Unit mentioned are no longer necessary for any municipal purpose.
WHEREAS, Section 721.15 of the ORC provides for methods to dispose of surplus personal property not needed for municipal purposes; and
WHEREAS, to aid in the process of disposing surplus property on the open market, upon such terms and at such prices as are deemed most advantageous to the City, the City has solicited the online auction services provided by Robert Cassel of Cassel & Associates, LLC, 6827 N. High St., Suite 109, Worthington, OH 43085.
BE IT ORDAINED by the Council of the City of Marion, Marion County, Ohio;
Section 1. That the Service Director is hereby authorized and directed to dispose of the following items previously used by the WWTP Department which have been determined to have exceeded their useful purpose and are no longer necessary for any municipal purpose, and that minor clerical errors as to identification information where the items can be clearly identified are waived and the sale can be consummated, to-wit:
One (1) - TJA SOLAAR M6AA Atomic Absorption Spectrometer Package
One (1) - Sewer Flushing Truck - 2000 GMC 8500 Single Axle
Section 2. The Public Internet Auction for the aforementioned articles shall be held on the “surplusauctions.net” and “casselauctions.com”. Notice of this auction will also be advertised in the Marion Star, on Channel 18 and on the City Website in accordance with ORC Section 721.15.
Section 3. Any transaction pursuant to this Section shall be conducted in accordance with the following procedure:
Prior to the open bidding period, notice of the City’s intent to sell property via internet auction shall be published at least once a week for two successive weeks in the Marion Star. Said notice shall include a complete description of the vehicle and equipment to be sold; the date, time and location where the auction will be held; the terms and conditions of sale; and any other information necessary to allow interested members of the general public to participate in the online public auction.
Prior to the commencement of the open bidding period, notice of the City’s intent to sell property via internet auction shall be posted in a conspicuous place in City Hall.
Prior to the commencement of the open bidding period, notice of the City’s intent to sell property via internet auction shall be published on the City’s Website at www.marionohio.us
Vehicle and equipment will be listed “for sale” for public auction on the publicnotice.ohio.gov website. The listing shall describe the vehicle and equipment in detail including but not limited to the following items: the price, make, model, color, general operating condition, condition of the exterior, condition of the interior, the odometer reading, any other feature that would interest the reasonable consumer.
Minimum bid for the Jet Truck listed will be set at $5,000.00
Minimum bid for the Atomic Absorption Spectrometer will be set at $1000.00
Section 4. Terms and Conditions of Sale will be as follows:
A bidder must be a minimum of 18 years old and legally able to form binding contracts as a “buyer” in an auction.
Elected Officials of the City of Marion are prohibited from directly or indirectly bidding on or paying for items in which they have legislatively declared as surplus property.
Conditions of Sale
Sale of all surplus property is, as is and where is, with all faults and without warranty.The description of surplus property offered for sale has been compiled from available data, but there is no guaranty or warranty on the part of the City of Marion as to condition or quality.Further, the City makes no warranty, guaranty or representation of any kind, expressed or implied, as to the merchantability or fitness for any purpose of the property offered for sale.The successful bidder is not entitled to any payment for loss of profit or any other money damages – special, direct, indirect, or consequential.
The City of Marion reserves the right to withdraw any equipment and/or vehicle(s) being offered for sale.
The City of Marion will furnish no services of any kind to the successful bidder for any and all costs associated with shipping including but not limited to packaging, crating, loading, freight unless otherwise indicated.
The sale of the equipment and/or vehicle(s) will be to the highest responsive and responsible bidder.There shall be no refunds or adjustments on the successful buyer’s price, all sales are final.Each bid is received with the understanding that the acceptance by the City of the offer to purchase any or all of the items described therein shall constitute a contract between the successful bidder and the City of Marion and is obligated to pay the price bid.Placing the winning bid, but not paying for the product, is illegal in most states, and may result in prosecution.The winning bid cannot be retracted unless due to a fault of the City.
The City of Marion shall have the equipment and/or vehicle(s) available for inspection by appointment only and prior to the start of the bidding. All bidders must adhere to the inspection dates and times indicated in the equipment and/or vehicle(s) description and contact only the person(s) listed to schedule an inspection.
Bids submitted shall remain firm for a period of five (5) days following the closing date.The successful bidder(s) will be required to remit payment within five (5) calendar days from date of the Notice of Award.The award will be made to the highest responsive, responsible bidder
Awarded items must be removed from the City’s premises within five (5) business days from the time and date of issuance of the Notice of Award.
Successful bidder are responsible for loading and removal and any and all property awarded to them from the place where the property is located as indicated on the website and in the Notice of Award.The successful bidder will make all arrangements and perform all work necessary, including packing, loading and transportation of the property.Under no circumstances will the City assume responsibility for packing, loading or shipping. The City of Marion may be contacted for any and all additional information.
A ten percent (10%) surcharge shall be added to all purchases made.The surcharge is the cost to the City of Marion for the utilization of the third-part website provider (Cassel & Associates).The successful bidder shall add and include the surcharge amount when making payment to the City of Marion.
Any and all taxes, federal, state and local, due on the sale of the equipment and/or vehicle(s) shall be paid by the successful bidder.
Payment in full is due no later than five (5) days from the time and date of the Notice of Award.Payment shall be in the form of: Cash, Certified Check, Cashier’s Check or Money Order made payable to the City of Marion.Remit payment along with the email Notice of Award to:
The City of Marion, 233 West Center St., Marion OH 43302
The City will issue a title or certificate for a vehicle only upon receipt of full payment.Titles may be subject to any restrictions as indicated in the item description on the website.Open titles cannot be issued.The City of Marion will not issue replacement titles.
If the successful bidder fails to pay for the property within five (5) days from the Notice of Award, the surplus property purchased may be promptly re-sold in such manner as the City may elect and the defaulting bidder will be charged with any loss or additional cost incurred by the City.
The successful bidder shall assume all liability for the property after the Award is made. The City of Marion will exercise its normal care for protection up to the time for removal, but will not be responsible for any loss or damage whatsoever. No property may be removed by or released to the successful bidder prior to the City receiving full payment for said property.
Acceptance of Terms and Conditions
By submitting a bid, the successful bidder (buyer) agrees that they have read, fully understand and accept the Terms and Conditions of Online Sales, and agree to pay for and agree to remove the property per the terms and conditions stipulated herein.
Applicable Law; Venue
Any contract resulting from this solicitation shall be governed in all respects by the laws of the State of Ohio and any litigation with respect thereto shall be brought only in the Marion County Common Pleas Court located in Marion, Ohio.
SECTION 5. The actions of this Council concerning and relating to the passage of this legislation were conducted in lawful meetings of this Council and that all deliberations of this Council and any of its committees that resulted in such formal action were in compliance with all legal requirements including Chapter 107 of the Codified Ordinances of the City of Marion.
SECTION 6. This Ordinance constitutes an emergency measure in that the same provides for the immediate preservation of the public peace, safety and welfare of the inhabitants of the City of Marion, insofar as it provides for the usual operation of a municipal department; to wit: to immediately expedite the sale of vehicle(s) and or equipment declared as surplus property by City Ordinance; wherefore this Ordinance shall be in full force and effect from and after its adoption and approval by the Mayor.
President of Council
Mayor Scott Schertzer
Clerk of Council