12                                Laws of Maryland                          [Ch. 2

(d)  Since the existing port and terminal facilities of the Baltimore
and other port areas, for the most part, have been provided by private
enterprise, it is the primary objective of the General Assembly to
improve the facilities and strengthen the workings of the private
operators. However, the General Assembly further declares that the
private operators in the port areas have a public responsibility to
provide modern port and harbor facilities suited to the needs of the
public which they serve. Therefore, it is declared that the Maryland
Port Authority (hereinafter created) should have power to obtain
information concerning the rates and practices of private operators;
and that while it should assist and encourage the extension and im-
provement of privately operated port facilities, it should also have
the power, if private facilities are inadequate or inadequately oper-
ated at any time, to construct and, if necessary, to operate, supple-
mentary public facilities deemed by it to be required in the public
interest.

(e)  The development of ports able to attract increasing amounts
of water-borne commerce will require the construction of additional
modern facilities and installations. A public port authority, with the
use of public funds, will be able to construct and, if necessary, to
operate such facilities and installations if the immediate financial
returns therefrom are not sufficient to attract private capital.

2.  (Territorial Jurisdiction.) The Authority shall have jurisdic-
tion and shall be empowered to exercise and apply any or all of its
powers and duties, as defined and set forth in this Article, in, adjoin-
ing, or in the vicinity of any of the navigable waters of the State of
Maryland, except that within the limits of Anne Arundel County the
Authority shall have such jurisdiction only as to that portion of the
southerly shore of the Patapsco River, including the meanders and
tributaries thereof, which lies westwardly and upstream from the
mouth of the tributary stream known generally as Cox Creek; and
except that the Authority shall not have any jurisdiction whatsoever
within the boundaries of Talbot County; AND EXCEPT THAT
THE AUTHORITY SHALL NOT HAVE ANY JURISDICTION
WHATSOEVER WITHIN THE BOUNDARIES OF QUEEN
ANNE'S COUNTY.

3.  (Creation of Authority.) (a) There is hereby created a body
politic and corporate to be known as the "Maryland Port Authority".
The Authority is hereby consituted an instrumentality of the State
of Maryland, and the exercise by the Authority of the powers con-
ferred by this Article shall be deemed and held to be the performance
of an essential governmental function of the State of Maryland.

(b) The Authority shall consist of five members, to be appointed
by the Governor of Maryland. Three of the five members shall at
all times be residents of Anne Arundel County, Baltimore City and
Baltimore County, respectively. The Board of County Commissioners
of Anne Arundel County, the Mayor of Baltimore City and the Board
of County Commissioners of Baltimore County each shall nominate
five persons resident therein to the Governor for membership on the
Authority, each of whom fulfills the qualifications of this section. The
Governor within thirty days shall select one person from each of the
respective groups. Of the two remaining members of the Authority,
one shall be a resident of the Western Shore of Maryland, outside of