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BILL TAYLOR COUNCILMAN-AT-LARGE City of Bay Saint Louis, Mississippi
(REVISED 8/22/03)
SECTION XVIII NON RESTRICTIVE CLAUSE
Nothing in this ordinance shall be construed to prevent the regulation or acquisition of property, improved or unimproved, by the State of Mississippi or any of its political subdivisions, agencies, or instrumentalities, or by the United States of America or any of its political subdivisions or instrumentalities.
Furthermore, the City of Bay Saint Louis hereby acknowledges that the Mississippi State Antiquities Act (39-7-1 et. Seq. of the Mississippi Code of 1972, as amended in 1983), provides for the sensitive treatment of publicly owned property, improved or unimproved, shown to possess certain architectural, historical, or archaeological significance, which are designated by the Board of Trustees of the Mississippi Department of Archives and History as Mississippi Landmarks. Whenever a city proposes to rehabilitate, alter, or enlarge a Mississippi Landmark (or proposes similar actions which would affect a Mississippi Landmark), the City shall submit its plans to the Mississippi Department of Archives and History for review and compliance.
SECTION XIX
DISQUALIFICATION OF MEMBERS BY CONFLICT OF INTERESTS
Because the City may possess few residents with the experience in the individual fields of history, architecture, architectural history, archaeology, urban planning, law, or real estate, and in order not to impair such residents from practicing their trade for hire, members of the Commission are allowed to contract their services to an applicant for a certificate of appropriateness, and when doing so, must expressly disqualify themselves from the Commission during all discussions for that application. In such cases, the City shall, upon the request of the chairman of the Commission or the vice-chairman in his stead, appoint substitute member who is qualified in the same field as the disqualified member, and who will serve for that particular case only. If no qualified resident of the City is able to substitute for the disqualified member, the city may appoint, in this case only, a qualified substitute who is a resident of Mississippi, but not a resident of Bay Saint Louis. If any member of the Commission must be disqualified due to a conflict of interest on a regular and continuing basis, the chairman or the vice-chairman, in his stead, shall encourage the member to resign his commission seat. Failing this resignation, and, if the Commission member continued to enter into conflict of interest situations with the Commission, the chairman or vice-chairman of the Commission shall encourage the City to replace the member. Likewise, any member of the Commission who has an interest in the property in question or in property within three hundred (300) feet of such property, or who is employed with a firm that has been hired to aid the applicant in any matter to be considered by the Commission shall be disqualified from participating in the consideration of any request for a certificate of appropriateness involving such a property. In such case, a qualified substitute may be appointed as provided above.
SECTION XX
SEVERABILITY
The requirements and provisions of this ordinance are separable. If any article, section, paragraph, sentence, or portion thereof, be declared by any court of competent jurisdiction to be void, invalid, or inoperative, the decision of the court shall not affect the validity or applicability of the ordinance as a whole or any part thereof other than the part held void, invalid, or otherwise inoperative.
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