| (a) WHEREAS, the 73rd Texas Legislature established
the Texas Coastal Ocean Observation Network (TCOON) as a cooperative
project of Texas A&M University-Corpus Christi (TAMU), Lamar University,
the Texas Water Development Board (TWDB), and the Texas General Land
Office (GLO) to collect data on natural processes affecting the Texas
coast for the purpose of studying, planning for, and managing human
uses of the coast as affected by natural processes; and
(b) WHEREAS, the participating state entities have
been authorized to coordinate the operation of the TCOON with the
National Oceanic and Atmospheric Administration (NOAA), other appropriate
federal entities, and private entities; and
(c) WHEREAS, the National Ocean Service (NOS), a division
of NOAA, has established "NATIONAL STANDARDS AND PROCEDURES" for the
measurement of sea levels and tidal datums; and
(d) WHEREAS, the GLO has entered into an agreement
with TAMU for the operation and maintenance of the equipment and for
data collection; and
(e) WHEREAS, the TWDB and the GLO desire to ensure
TCOON compliance with NOS standards and procedures in order to provide
an accurate determination of tidal datums, boundaries of coastal public
land, and sea level fluctuations along the Texas coast;
(f) NOW THEREFORE in consideration of the benefits
to the State of Texas, the parties hereby agree as follows:
(1) The parties will jointly coordinate all aspects
of the installation and operation of the TCOON, including coastal
site selections and technical operating procedures, in order to ensure
the accuracy of the collected data.
(2) This Memorandum of Agreement shall be effective
September 1, 2005, and shall remain in effect unless terminated by
either party upon thirty (30) days’ written notice.
(g) The GLO certifies that it has the authority to
enter into this Memorandum of Agreement by virtue of the authority
granted in Section 31.051, TEXAS NAT. RES. CODE and Chapter 771, TEXAS
GOV'T CODE.
(h) The TWDB certifies that it has the authority to
enter into this Memorandum of Agreement by virtue of the authority
granted in Section 6.190, TEXAS WATER CODE and Chapter 771, TEXAS
GOV'T CODE.
(i) Dated September 28, 2005.
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