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RESOLUTION AUTHORIZING A PUBLIC AUCTION OF PERSONAL PROPERTY NOT NEEDED FOR PUBLIC USE, PURSUANT TO N.J.S.A. 40A:11-36, ET SEQ.
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WHEREAS, the County of Passaic (“County”) is a body politic and corporate pursuant to N.J.S.A. 40:18-1 and vested with all rights contained therein; and
WHEREAS, pursuant to N.J.S.A. 40:20-1, the Board of County Commissioners of the County of Passaic (“Board”) is vested with managing the property, finances, and affairs of the County; and
WHEREAS, pursuant to N.J.S.A. 40A:11-36, et seq., any contracting unit by resolution of its governing body may authorize by sealed bid or public auction the sale of its personal property not needed for public use; and
WHEREAS, in accordance with N.J.S.A. 40A:11-36(3), notice of the date, time and place of the public sale together with a description of the items to be sold and the conditions of sale shall be published in an office newspaper; and the public sale shall be held no less than seven (7) days nor more than (14) days after the latest publication of the notice thereof; and
WHEREAS, the Passaic County Purchasing Agent is recommending the sale by auction of personal property listed in Exhibit A, attached hereto and made part of this Resolution, which is no longer needed for public use; and
WHEREAS, this matter was discussed at the July 3, 2024 Administration and Finance Committee meeting, and is being recommended to the Board for approval; and
NOW, THEREFORE, LET IT BE RESOLVED, pursuant to N.J.S.A. 40A:11-36, et seq., the Board of County Commissioners of the County of Passaic authorizes, as follows:
1. The personal property listed in Exhibit A, which is not needed for public use, shall be sold by public auction.
2. The Passaic County Purchasing Agent shall coordinate a public auction to sell the personal property listed in Exhibit A, and shall determine the date, time and location of the auction, in compliance with N.J.S.A. 40A:11-36.
3. In accordance with N.J.S.A. 40A:11-36(3), the Clerk of the Board shall publish in an official newspaper the date, time, and place of the public auction, together with a description of the items to be sold and the conditions of sale.
4. The public auction shall take place no less than seven (7) days nor more than fourteen (14) days after the latest publication of the notice thereof.
5. Pursuant to N.J.S.A. 40A:11-36(5), the Board may reject all bids if it determines such rejection to be in the public interest.
6. The Passaic County Counsel shall draft a hold harmless and indemnification agreement to be executed by any successful bidder at the auction, indicating that all property is being sold as-is without any express or implied warranties.
7. All successful bidders must enter into a hold harmless and indemnification agreement as a condition of purchase.
LET IT BE FURTHER RESOLVED, that the Clerk of the Board, County Counsel, County Administrator, Purchasing Agent, and Director of the Board are authorized to take any action necessary to carry out the purpose of this Resolution.
SF July 16, 2024