2017-06 sell snorkel truck thru open market

ORDINANCE AUTHORIZING THE SAFETY DIRECTOR TO DISPOSE OF ONE SNORKEL TRUCK USED BY THE FIRE 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 Safety Director that a 40-year-old Snorkel Articulating Boom Platform Truck is 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

 

BE IT ORDAINED by the Council of the City of Marion, Marion County, Ohio;

 

            Section 1.         That the Safety Director is hereby authorized and directed to dispose of the following items previously used by the Fire 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:

 

FIRE DEPARTMENT

One (1) -  1971 Oshkosh articulating boom Snorkel, Vin #1FV3EFAC1VH731950.

            Section 2.         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:

 

  1. 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.

     

  2. 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.

 

  1. 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

 

  1. 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.

     

  2. Minimum bid for the Snorkel listed will be set at $4,000.00

     

    Section 4.         Terms and Conditions of Sale will be as follows:

     

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    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.

     

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    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.

     

  5. 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.

 

 

 

APPROVED:                                                    __________________________

                                                                        Dr. Scot Gray

                                                                        President of Council

 

 

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Mayor Scott Schertzer

 

 

ATTEST:

 

 

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Clerk of Council