Resolution 2021-07: Internet Auction Amendment

RESOLUTION NO. 2021-07

A RESOLUTION AMENDING RESOLUTION NO. 2020-07 AUTHORIZING

THE SALE OF SURPLUS VILLAGE PROPERTY BY INTERNET AUCTION

IN CALENDAR YEAR 2021

WHEREAS, Council for the Village of Antwerp, Ohio previously determined that certain personal property owned by the Village not needed, obsolete, or unfit for municipal purposes (“surplus property”) could be disposed of by internet auction as authorized by Ohio Revised Code Section 721.15(D); and

WHEREAS, Council passed Resolution No. 2020-07 authorizing the sale of surplus property by internet auction in calendar year 2021, which Resolution was passed after three readings on December 21, 2020; and

WHEREAS, Council has determined that the most cost effective and efficient means of disposing of said property is to utilize the services of GovDeals, Inc. to conduct the internet auctions, and Council hereby amends Resolution No. 2020-07 to authorize the internet auctions be conducted by GovDeals, Inc.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE VILLAGE OF ANTWERP, COUNTY OF PAULDING, STATE OF OHIO:

Section 1. Ordinance No. 2020-07 currently reads as follows:

Section 1. That Council hereby expresses its intent to dispose of personal property owned by the Village that is not needed, obsolete, or unfit for municipal purposes.

Section 2. That the Village will conduct internet auctions pursuant to Ohio Revised Code Section 721.15(D).

Section 3. Each Department Head shall determine said property to not be needed for public use, obsolete or unfit for the use for which it was acquired and shall submit that property with a suggested minimum price to be sold by internet auction to the Village Administrator.

Section 4. That the Village Council hereby designates the Village Administrator as its representative and shall be the official point of contact for all internet auctions. This person shall be responsible for the following:

A. Establish a minimum price for each item of Village property to be auctioned;

B. Establish “terms and conditions” for online sales in accordance with this Resolution which shall be available for review on the Village’s website;

C. Ensure that the property is sold by internet auction in accordance with this Resolution and the “terms and conditions” for online sales; and

D. Ensure that the Village receives all monies due and owing to the Village as a result of the sale of said property.

Section 5. That the internet auction will be conducted in the following manner under the following general terms and conditions:

A. All property will be offered for sale subject to the “Village of Antwerp Online Sales Terms and Conditions”;

B. All property is offered for sale “AS IS, WHERE IS, AND WITHOUT WARRANTY.” The Village of Antwerp, Ohio makes no warranty, guaranty or representations of any kind, either express or implied, as to the merchantability or fitness for any purpose of the property offered for sale. The “buyer” of any Village property is not entitled to any payment for loss of profit or any other money damages – special, direct, indirect or consequential – against the Village that in any way relates to the purchase and/or use of the property;

C. All property will be available to the public on the Village’s website for a minimum of ten (10) business days for bidding;

D. The surplus property may be viewed on the Village’s website or in person by contacting the Village Administrator during regular business hours;

E. If any Village property offered for sale by internet auction is not sold within ten (10) days after being posted on the Village’s website, the Village may withdraw said property from the internet auction at any time;

F. Sealed bids for such property shall be delivered to the offices of the Village Fiscal Officer at 118 North Main Street, Antwerp, Ohio, during normal business hours;

G. The Village Fiscal Officer shall open the bids at noon the next business day following the close of the internet auction and notify the successful bidder of being awarded the bid;

H. The Village property shall not be transferred to a successful bidder until such time as guaranteed payment has been received in full by either money order or cash and the successful bidder shall have seven (7) days from being notified to make arrangements to pick-up the property; and

I. Council reserves the right to reject any and all bids and to withdraw from sale any items listed on the Village’s website.

Section 6. That the Village Fiscal Officer is hereby directed to publish notice of Council’s intent to sell surplus property in a newspaper of general circulation in the municipal corporation or as provided in section 7.16 of the Revised Code, notice of its intent to sell not needed, obsolete, or unfit municipal personal property by internet auction. Said notice shall include a summary of the information provided in this resolution and shall be published twice. The second 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 throughout the calendar year in a conspicuous place in the offices of the Village Fiscal Officer and the legislative authority. The notice shall also be posted on the Village’s website continually throughout the calendar year.

Section 7. It is found and determined that all formal actions of the Council concerning and relating to the passage of this Resolution were adopted in an open meeting of this Council, and that all deliberations of the Council and of any of its committees that resulted in such formal action, were in meetings open to the public, in compliance with all legal requirements including all lawful ordinances, resolutions, and any applicable provisions of Section 121.22 of the Ohio Revised Code.

Section 8. This Resolution shall take effect and be in force after the earliest period allowed by law and shall be effective for calendar year 2021.

Section 2. Ordinance No. 2020-07 is amended to read as follows:

Section 1: That Council hereby expresses its intent to dispose of personal property owned by the Village that is unneeded, obsolete, or unfit for municipal purposes.

Section 2: That the Village wishes to contract with GovDeals, Inc. to conduct auctions on behalf of the Village. GovDeals, Inc. is a Delaware corporation having its principal place of business at 100 Capitol Commerce Blvd., Ste. 110, Montgomery, Alabama 36117-4260 (1-800-613-0156).

Section 3: That the Village will conduct the internet auction pursuant to Ohio Revised Code Section 721.15(D). The surplus material may be viewed on GovDeals.com or in person at the Village offices at 118 North Main Street, Antwerp, Ohio 45813 during times outlined in the “Online Sales Terms and Conditions”.

Section 4: That items to be auctioned shall be inventoried, listed by department, given an appropriate identification number, and contain pertinent information (e.g. year, make, model, mileage or use). Each Department Head shall determine said property to not be needed for public use, obsolete or unfit for the use for which it was acquired and shall submit that property with a suggested minimum price to be sold via internet auction to the Village Administrator.

Section 5: That the Village Council hereby designates the Village Administrator as its representative and shall be the official point of contact for all internet auctions. This person shall be responsible for the following:

A. Establish a minimum price for each item of Village property to be auctioned;

B. Establish “terms and conditions” for online sales in accordance with this Resolution which shall be available for review at the Village Fiscal Officer’s office;

C. Ensure that the property is sold by internet auction in accordance with this Resolution and the “terms and conditions” for online sales;

D. Ensure that the Village receives all monies due and owing to the Village as a result of the sale of said property; and

E. Complete training provided by GovDeals Client Services Department regarding Financial Settlement Services.

Section 6: That the internet auction will be conducted in the following manner under the following general terms and conditions:

A. All property will be offered for sale subject to the “Village of Antwerp Online Sales Terms and Conditions”;

B. All property is offered for sale “AS IS, WHERE IS, AND WITHOUT WARRANTY.” The Village of Antwerp, Ohio makes no warranty, guaranty or representations of any kind, either express or implied, as to the merchantability or fitness for any purpose of the property offered for sale. The “buyer” of any Village property is not entitled to any payment for loss of profit or any other money damages – special, direct, indirect or consequential – against the Village that in any way relates to the purchase and/or use of the property;

C. All property will be available to the public on the GovDeals.com website for a minimum of ten (10) days, including Saturdays, Sundays and legal holidays as required in Section 721.15(D) of the Ohio Revised Code;

D. If any Village property offered for sale by internet auction is not sold within ten (10) days after being posted on the GovDeals.com website, the Village may withdraw said property from the internet auction at any time;

E. Village property shall not be transferred to a successful bidder until such time as guaranteed payment has been received in full;

F. The Council of the Village of Antwerp, Ohio reserves the right to reject any bids and to withdraw from sale any items listed on GovDeals.com.

Section 7: That GovDeals, Inc. shall collect all auction proceeds by means of PayPal, credit card or wire transfer. GovDeals, Inc. will charge each buyer a “Buyer’s Premium” of 12.5 percent (12.5%), which will be retained by GovDeals, Inc. The Village shall pay zero percent (0%) fees of the GovDeals fee and the winning bidder shall pay a 12.5% “Buyers Premium” to account for the GovDeals fee. In addition, GovDeals, Inc. shall be entitled to a fee per each item sold as follows:

A. Where a single auction item yields greater than $100,000.00, but does not yield greater than $500,000.00 in a winning bid, the Village agrees to pay GovDeals, Inc. a fee of seven and one-half percent (7.5%) of the winning bid up to $100,000.00 plus five and one-half percent (5.5%) of the winning bid that is in excess of $100,000.00 up to $500,000.00;

B. Where a single auction item yields greater than $500,000.00 in a winning bid, the Village agrees to pay GovDeals, Inc. a fee of seven and one-half percent (7.5%) of $100,000.00 of the winning bid, plus a fee of five and one-half percent (5.5%) of $400,000.00 of the winning bid, plus a fee of three and one-half percent (3.5%) of the amount in excess of $500,000.00 of the winning bid.

Section 8: That GovDeals, Inc. will remit the auction proceeds, minus its fees and the “Buyer’s Premium,” to the Village on a weekly basis.

Section 9: That the Village Fiscal Officer is hereby directed to publish notice of Council’s intent to sell surplus property in a newspaper of general circulation in the municipal corporation or as provided in section 7.16 of the Revised Code, notice of its intent to sell unneeded, obsolete, or unfit municipal personal property by internet auction. Said notice shall include a summary of the information provided in this resolution and shall be published twice. The second 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 throughout the calendar year in a conspicuous place in the offices of the Village Fiscal Officer and the legislative authority. If, in the future, the Village maintains a web site on the internet, the notice shall be posted continually throughout the calendar year at that web site.

Section 10: That it is found and determined that all formal actions of this Council concerning and relating to the adoption of this resolution were adopted in an open meeting of this Council and that all deliberations of this Council, and any of its committees that resulted in such formal action, were in meetings open to the public in compliance with all legal requirements of the Ohio Revised Code.

 

Section 11: This Resolution shall take effect and be in force after the earliest period allowed by law.

PASSED this _____ day of ______________, 2021.

__________________________________

Jan Reeb,

Mayor of the Village of Antwerp

Attest:

__________________________

Aimee Lichty, Fiscal Officer

First Reading: ______________________

Second Reading: ____________________

Third Reading: _____________________

CERTIFICATION

STATE OF OHIO )

)SS:

COUNTY OF PAULDING )

I, Aimee Lichty, Fiscal Officer of the Village of Antwerp, Ohio, do hereby certify that the foregoing is a true and correct copy of Resolution No. 2021-_____ passed by the Council of the Village of Antwerp on ___________, 2021; that publication of such Resolution has been made and certified of record according to law; and that no proceedings looking to a referendum upon such Resolution has been taken.

_______________________________

Aimee Lichty, Fiscal Officer