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Session Laws, 1959
Volume 642, Page 611   View pdf image (33K)
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J. MILLARD TAWES, GOVERNOR                           611

stored on or passed over the same; provided, however, that except
with respect to docks or wharves owned, controlled or operated by
the Authority, nothing contained in this Article shall be construed
to impose any duty upon the Authority to any person using said
waters in regard to the safety thereof, or to render the Authority
liable for any loss of life, or injury or damage to person or property,
by reason of any obstruction in, or unsafe condition of, any part
of said waters, nor shall anything contained in this Article be so
construed as to render the Authority liable in damage or otherwise
for any omission to pass or enforce any regulation or resolution pur-
suant to the provisions hereof; providing that the powers in this
subsection contained shall not be exercised in any county wherein the
board of county commissioners or the county council, as the case may
be, has not approved the operations therein of the Authority. Any
ordinance or regulation adopted prior to the effective date of this Act
by any State agency, county commissioners, county council, municipal
corporation or other public body dealing with the subject matter
over which power and authority is granted to the Authority by this
subsection (q) shall continue in full force and effect and shall have
the status of a regulation of the Authority, and shall, like other
regulations of the Authority, be subject to re-enactment, amendment
or repeal by the Authority from time to time, and such power of
re-enactment, amendment or repeal shall be exclusive in the Authority.

Sec. 2. And be it further enacted, That Section 22(c) of Article
62B of the Annotated Code of Maryland (1957 Edition), title "Mary-
land Port Authority", be and it is hereby repealed and re-enacted,
with amendments, to read as follows:

22.

(c) It is expressly declared to be the purpose of this section of
this Article that the Authority and the Mayor and City Council of
Baltimore, to the extent that they have co-extensive power and au-
thority in all matters relating to harbors, docks, wharves and port
development, should avoid duplication of effort and assure the unin-
terrupted continuation of needed services. The duty to exercise all
power, authority and right in the field shall be, remain and continue
in the Mayor and City Council of Baltimore as to any portion of such
power, authority or right,
the transfer whereof shall not have been
effectuated pursuant to an agreement duly entered into under and
in accordance with the provisions hereof; and from and after the
transfer to the Authority pursuant to any such agreement of any
duty to perform any or all of the obligations, functions and require-
ments as in such agreement defined, limited and set out, then the
exclusive right to perform such obligations, functions and require-
ments shall be and thenceforth continue in the Authority; provided
that any ordinance of the Mayor and City Council of Baltimore
adopted prior to the effective date of this Act relating to any por-
tion of such power, authority or right, the transfer whereof shall
have been effectuated pursuant to any such agreement shall continue
in full force and effect and shall have the status of a regulation of
the Authority, and shall, like other regulations of the Authority, be
subject to re-enactment, amendment or repeal by the Authority from
time to time, and such power of re-enactment, amendment or repeal
shall be exclusive in the Authority.


 

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Session Laws, 1959
Volume 642, Page 611   View pdf image (33K)
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