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HomeMy WebLinkAboutResolution - 2023-R0429 - Street/Public Use Dedication Deed, Section 26, Block AK, CC File No. 2016011116 - 09/12/2023Resolution No. 2023-R0429 Item No. 5.22 September 12, 2023 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to accept for and on behalf of the City of Lubbock a Street and Public Use Dedication Deed in connection with certain real property located in Section 26, Block AK, Lubbock County, Texas, as described under County Clerk File Number 2016011116 of the Official Public Records of Lubbock County, Texas, to be utilized for street, curb, gutter, sidewalk, drainage right-of-way, public utilities and other public purposes, and all related documents. Said Street and Public Use Dedication Deed is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council on September 12, 2023 TRA AY , OR ATTEST: Co ney Paz, City retary APPROVED AS TO CONTENT: ��� � Michael Keenum, P.E., Division Director of Engineering/City Engineer APPROVED AS TO FORM: A ims, Deputy City Attorney RES.Dedication Deed- Section 26, E31ock AK- 98`h St Resolution No. 2023-R0429 STREET AND PUBLIC USE DEDICATION DEED THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK THAT SOUTH PLAINS ELECTRIC COOPERATIVE, INC., a Texas Nonprofit Corporation, herein called "Grantor," for and in consideration of the sum of TEN AND NOI100 DOLLARS ($10.00) and other good and valuable consideration, to it in hand by the CITY OF LUBBOCK, TEXAS, a Home Rule Municipal Corporation, does hereby dedicate to the public for public use forever and for street purposes, the following described tract of land situated in Lubbock County, Texas, as more particularly described in the attached Exhibit "A." TO IIAVE AND TO HOLD this above-described premises, together with all singular the rights and appurtenances thereto in anywise belonging unto the said public forever so long as said premises are used for public purposes. WITNESS MY HAND this Z��-- _ day of �� 2023. TH� STATE OF TEXAS COUNTY OF LUBBOCK , By: Printed Name 'Dalc (� nc�� Title: �,�ccuhve ViP r 6cne� /naseqe� BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally (�ak �ric.e.l� , in his/her capasity as E�u�h� �e ��n� (��v of SOUTH PLAINS ELECTRIC COOPERATIVE, INC., a Texas Nonprofit Corporarion, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that s/he executed the same for the purposes and consideration therein expressed. GNEN LJNDER MY HAND AND SEAL OF OFFICE on the Z� day T� 2023. �� � � ��`��vn��� JH' 1=Y L PHILLIPS i .,a�'�.�'1"' VA4' �� 1�hiNotary Pubnc. State of Texas s��f7p� Comm Expires04-27•2025 yry�ip���'.`� NotarylD10U21157 of I �' � . 99 � �� � � I I -' , q �� ---� : � QM Q �� � � �, � � ( ti � � � � � � �00 S i I Oo� �~� � t I � � l� °� � I i � � i � ----� � � � �I � i �,� ioi � I e� 60' � I iaa.s' 55'R/GHT-Q�-W,4Y OEOICAT£O br fLAT fVtx. 539b PG. 951 ,� 98th S T.�-b- N01°5248�E � 55.00� Exhibit A /3.730 ACRE PARENT TRACT SOUTHfLMYS fLECTRIC CAp�ANC rcamF 2�i6ouiisl I I� I� „ „ rRacr A � UPLAIIID HE/GHTS IfCA�71� c'b/8033490) I �------------------------ � � I$��°52�48���1i� 50'ORAWAG�EASEMENT ' 0£GHC'AT£O D fiAT S88°10�06��E 265.00� 55.00 ��� p�r��� •'- -- ' - -_ ------ --- - -%O' VCY. 62� A_G. 2/9 -- 0.3346 Acre Tract ss'�rc�ir-a�-war 14,575 Sq. FL �CQ��'� p��� 1 _ _ SOC/TNL/1�'Q''SEC77Q1/e1� BLOpCAK N88°IO'06��W 265.00� � --•••��THLIIL'Ll�'SEC7A�'V23, BLOQYAK VAh7'ABL£W)7THRY('aF/T-L�'"-WAY � (CCri76t• 2CJ2b0026301 rRacr c � i� s.�' 575-B 566-B 565-B _=�_=��____��____�________�__ - �T� ---� I� �1 575-A I LEGEND: •SURVBYEDPROPERTY - - •ADJACEM'PROPERTY • RIGHT-OF-WAY ----- •EASBMENT Q- SEI' I/2" ROD w/CAP'HRA" � - FD. I/2" ROD w/CAP "WSCI" CCFN- CbUNTY CLERK F7L8 NUMBER, LUBBUCK COUNCY,'IB7(AS Revised: Mazch 27, 2023 (to add scale) �--- �T� ---� �--- ��� I 566-A � �` 565-A I I 556-A I� �` WlIIIOSTONE A T UPLAND (CQ�N.� 20/90039621 _ � � � Z SCALE: 1 "=100' 98TH STREET DESIGN PROJECT UPLAND AVE. TO ALCOVE AVE. Parce148 - Permanent Easement PERIMETER SURVLY OF A 0.3346 ACRE PARCEL LOCATED IN SECTION 26, BLOCK AK LUBBOCK COUNTY, TEXAS �fJ"� � .-��` - � , �,Q,�<C•'•G �0 T f ••TF . � �_ R •�y ' ...�� ��......�.....:::..� . , I CYRIL HOWARD TURNER ��.y. - -- ��:�C� -C/ipFFC•,�� : :;ynl H. Tumer, lteg[stered YroYessional Survcycd on thc ground Land Surve�or No. 6460 State of Texss MRrch 20 202Z Note: No abstract of titic or titic commitmcnt was providcd to this surveyor. Record research done by this surveyor was made only for the pucpose of determining the boundary of this propetty and of the adjoining parcels. Recorded or unrecorded documents other than those shown on this survey may exist and cncumbcr this property. HUGO REED AND ASSOCIATES, INC. LAND SURVEYORS 1801 AVENUE N CIVIL ENGINEERS �ussocK, rEw►s �sao� TEXAS LICENSED SURVEYING FIRM 100878-00 PHONE: 806 / 763-5642 TEXAS REGISTERED F.NGINFF.RING fIRM F-760 FAX: 8061783-3891 Bearings arc relative to the Texas Coordinate System of 1983, North Central Zone, NAD S3 (2011), Gpoch 2010.0 Distances and coordinates are surface, U.S. Survey feet. Combincd Scalc Factor: I .0002485 Copyright 2023, Hugo Reed and Associates, Inc. Pagc 1 of 2 DESCRIPTION FOR PARCEL 48 METES AND BOLJNDS DESCRIPTION of a 0.3346 acre tract, being a portion of a 13.730 acre tract located in Section 26, Block AK, Lubbock County, Tcxas, described under County Clerk File No. 2016011116 of the Official Public Records of Lubbock County, Texas, said 0.3346 acre tract being further described as follows: BEGINNING at a 1/2" iron rod with cap marked "HRA" set (N=7249913.1', E=908786.2') in the South line of said Section 26, which bears N. 88° 10'06" W. a distance of 1,088.75 feet from the Southeast corner of said Section 26, Block AK, Lubbock County, Texas; THENCE N. 88°10'06" W., along the South line of said Section 26, a distance of 265.00 feet to a 1/2" iron rod with cap marked "HRA" set for the Southwest comer of this tract; THENCE N. O1°52'48" E. a distance of 55.00 feet to a 1/2" iron rod with cap marked "WSCI" found at the Southeast comer of Lot 101, Regency Park, an addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dcdication deed thereof recorded in Volume 5396, Page 95, Official Real Property Records of Lubbock County, Texas, and the Northwest corner of this tract; THENCE S. 88° 10'06" E, a distance of 265.00 feet to a L/2" iron rod with cap marked "HRA" set at the Southwest corner of Tract "A", Upland Heights, an addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded under County Clerk File No. 2018033490 of the Official Public Records of Lubbock County, Texas, for the Northeast corner of this tract; THENCE S. O 1�52'48" W. a distance of 55.00 feet to the Point of Beginning. Contains: 0.3346 acres (14,575 sq. ft.) of land more or less. Bearings are relative to Grid North, Texas Coordinate System of 1983, North-Central Zone, 2011 (epoch 2010.0). Distances and coordinates are Surface, U.S. Survey Feel. CSF = 1.0002485 TITLE COMMITMENT No abstracl of litle or tille commitment was provided to this surveyor. Record research done by this surveyor was made only for the purpose of determining the boundary of this property and of the adjoining parcels. Record documents other than those shown on this survey may exist and encumber this property. Revised: March 27, 2023 (pazcel name, add scale to page l) 98TH STREET DESIGN PROJECT UPLAND AVE. TO ALCOVE AVE. Parce148 - Permanent Easement PERIMETER SURV�Y OF A 0.3346 ACRE PARCEL LOCATED IN SECTION 26, BLOCK AK LUBBOCK COUNTY, TEXAS Land Surve�or No. 6460 State of Texas SG�•••OF •• F� ,`Q-.��� ;rfR.�� �: � � o: ........................... CYRIL HOWARD TURNER 6460 �at-�i{� e���� .�C.). Surveyed on the ground March 20. 2023 HUGO REED AND ASSOCIATES, INC. LAND SURVEYORS 1601 AVENUE N CIVIL ENGINEERS �ussocK, TEXAS 79401 TEXAS IICENSED SURVEYING FlRM 100878-00 PHONE: 806 / 763-5642 TEXAS REGISTERED ENGINEERING FIRM F-T80 FAX: 806 / 763-3891 Bearings arc relative to the Texas C:oordinate System of 1983, North Central "Lone, NAD 83 (2011), Epoch 2010.0 Distaaces and coordinates are surface, U.S. Survey feet. Combined Scale Factor: 1.0002485 Copyright 2023, Hugo Reed and Associates, Inc. Page 2 of 2 98`h STREET (UPLAND AVENUE TO ALCOVE) PROJECT (Owner Acknowledgment) Date: Parcel No: ��� Zoti3 . --. 48 Abbreviated Legal Description: A 0.3346 acre tract of land, being a portion of a 13.373 acre tract located in Section 26, Block AK, Lubbock County, Texas, described under County Clerk File Number (CCFN) 2016011116 of the Official Public Records of Lubbock County, Texas (OPRLCT) Owner: Current Lienholder: Tenant: Document Type: Consideration: SOUTH PLAINS ELECTRIC COOPERATIVE, INC., a Texas Electric Cooperative Corporation Dale Ancell, Executive Vice President and General Manager 4727 S. Loop 289, Suite 200 Lubbock, Texas 79424 (806) 775-7854—lamey Phillips (office) jphillips@SPEC.coop - email National Rural Utilities Cooperative Finance Corporation None Street & Public Use Dedication Deed $103,599.00 total consideration subject to final approval by the City of Lubbock's City Council and further subject to approval of title. Owner confirms receipt of the following: 1, Copy of The State of Texas Landowner's Bill of Rights; 2. Right of Entry Agreement signed by Owner; 3. Initial Offer letter dated June 16, 2023 from BIGBEE & CURTIS, LLP, representing the City of Lubbock; 4. Appraisal Report and Review Appraisal for Parcel No. 48 by Atrium Real Estate Services; and 5. Survey Plat and Legal Description of Parcel No. 48 by Hugo Reed & Associates, Inc. Page 1 of 2 Closing Agent: Lubbock Abstract & Title Company 1216 Texas Avenue Lubbock, Texas 79401 Concurrence: By: Dale Ancell, ecu ' e Vice Pr sident and General Manager Page 2 of 2 PARTIAL RELEASE PARTIAL RELEASE, dated as of the Z��'` day of � sE , 20 �, made by NATIONAL RURAL UTILITIES COOPERATIVE FINANCE CORP ATION (hereinafter called "CFC"), to SOUTH PLAINS ELECTRIC COOPERATIVE, INC., a Texas corporation (hereinafter called the "Corporation"); WHEREAS, the Corporation, to evidence loans made to the Corporation by CFC, has executed certain mortgage notes (hereinafter collectively called the "Notes"), all payable to the order of CFC; and WHEREAS, the Corporation, to secure the Notes, has executed and delivered the following instruments to CFC (hereinafter collectively called the "Security Instruments"): Instrument Dated as of Restated Mortgage and Securlty Agreement September 21, 2021 WHEREAS, the indebtedness evidenced by the Notes is the only indebtedness as of the date hereof secured by the Security Instruments; and WHEREAS, the Corporation has requested that certain property hereinafter described be released from the liens of the Security Instruments; NOW, THEREFORE, THESE PRESENTS WITNESSETH that, in consideration of the sum of One Dollar in hand paid by the Corporation to CFC at the time of the delivery of these presents, the receipt whereof is hereby acknowledged, CFC does hereby release and discharge unto the Corporation, its successors and assigns, all right, title, interest, claim or demand whatsoever which CFC may have acquired by or through the Security Instruments, or any of them, in and to the following described property, and does hereby quitclaim said property unto the Corporation, its successors and assigns forever: A 0.3346 acre tract of land, being a portion of a 13.373 acre tract located in Section 26, Block AK, Lubbock County, Texas described under County Clerk File Number (CCFN 2016011116 of the Official Public Records, Lubbock County, Texas more specifically described in Exhibit A attached hereto. TO HAVE AND TO HOLD said property unto the Corporation, its successors and assigns forever, free, clear and discharged of and from any and all liens and claims of CFC under and by virtue of any or all the Security Instruments. THIS RELEASE is made by CFC and accepted by the Corporation on the express condition that it shall not in any way affect or impair the liens and security of the Security Instruments, or any of them, upon other premises and properties now made and accepted without covenant or warranty, express or implied, at law or in equiry, and without recourse to CFC, in any event or in any contingency. CFC MASTER AA001-F-0030 (JABLONJ) 9479-5 IN WITNESS WHEREOF, CFC has caused this instrument to be duly executed in its behalf, all as of the day and year first above written. NATIONAL RURAL UTILITIES COOPERATIVE FINANCE CORPORATION, for itself and as Master Servicer under one or more servicing agreements on behalf of the Federal Agricultural Mortgage Corporation. � �� By: Assi t ecretary-Treasurer Matt Au9ustosky COMMONWEALTH OF VIRGINIA ) ) SS COUNTY OF LOUDOUN ) The foregoing instrument was acknowled ed before me this � day of ,��� by Matt AuguSt�y , Assistant Secretary-Treasurer of NATI NAL RURAL UTILITIES COOPERATIVE FINANCE CORPORATION, a District of Columbia cooperative association, on behalf of the association. LARRY WILSON HOLLAND 2ND Notary Public �ommonwealth of Vtrginia Reglstratton No. 7733103 My Cammtssion Explres Jun 30. 2025 Notary Seal � � I�,,�:� L - � ���� _� - / � - , � — Notary registration number: My commission expires: CFC MASTER AA001-F-0000(JABLONJ) 9479-7 � �! I (. 99 � ( , 1�I � �� � � � I I — --� ��---� Q����� I I � �' I Q~ �`�� � � V��/00 �, ( � .0� i =�� �� � � �� —� ----�� � ' � m! i , �.� ,o, � i �i ,i 60' � iae.e' ss'�r-cK- wa r aEaca ren�y a.a r fvqc. 539G PG. 951 98th S T. N01°52�48°E � 55.00' Exhibit A /3.7Jp0� A041� PARENT TRACT ��lL� pl�0l/� ��� S88°IO'06"E 265.00' --- ---� - :�.- 0.3346 Acre Tract U,373 3q. FL V (CEQ�'�M R/'�Ol Wi7Y TRACT C I� TRACT 'A" � UPLAND HE/GHTS ( (Cp�71f i�/BYJtl34901 � �____________.___. ___... _ i Iso�°5ra9"w �•�,�.Ea.s�,�Nr 55.00' r a�0� ��i --- --- - —[4:�..����191 -- 55'N/p/T-Ap�y-WAY � � eA'�34� 1 - -5�,�,�,��������.� M�'PTHL/IE Q� SEC7KIV 2-� �A7f /ZAC � � � ��, 575-B�c 566-B�� 565-B�� oQrsoo ����� =��va� ����e�eoa�a - �-�-� ---� � �1 575-A I LEGEND: •SURVflYEDPROPERTY - - -ADJACENTPAOPERTY • RIOHT-OF•WAY ----- •Fi19fiMfiNT �• S81' IR" ROD wfCAP'HRA" � - FD. t/2" ROD w/CAP "WSQ' CCFN- COUNTY CLERK FlL6 NUMBFR, LUBBOCK COUNTY, T8%AS Revised: Metch 27, 2023 (to add scele) -i----- �-- �� � �--- �� I 566 -A I� �1 565-A I I 556-A � �, W/NOSTOIIIE A T (�PLAND (C[i�7k� c't�l9Gn39621 _ �"' � � Z SCALE: 1"=100' 98TH STREET DESIGN PROJECT UPLAND AVE. TO ALCOVE AVE. Parce148 - Permanent Easement PERIMETER SURVEY OF A 0.3346 ACRE PARCEL LOCATED IN SECTION 26, BLOCK AK LUBBOCK COUNTY, TEXAS �,`P�F"�isi�''l�, � •' F ' . � �: Q }i�{ RFo: ........................... CYRILHOWARD7URNER • N����cM,pN�►���������• �� VYW _tr � � Cyril H. Turner, Registered ProCessional � Survayed on the ground Land Survevor No. 6460 State of Texas x,s..�s. �n �n�� Note: No abstract of title or title commitment was provided to this surveyor. Record reseerch done by this sucveyor was made only for the pucpose of determining the boundery of ihis propertyr and of the adjoining parcels. Recorded or unrecorded documenta dher then those shown on this survey may exist and encumber this properry. �.� HUGO REED AND ASSOCIATES, INC. LAND SURVEYORS 1801 AVENUE N CIVIL ENGINEERS weeocK,TEXAS79401 TRJtASLICEN8E06URVEYIkOFIRA1t0067800 PHONE:808/763-5642 TEIfASRE�3iERE0EN01NEEWNOF/iMf-1!0 FAX:B06/7633891 Bearings are ralative to the Texas Coordinete System of 1983, North Ccntral Zone, NAD 83 (201 I), Epoch 2010.0 Dislences and coordinetes are surface, U.S. Survey Feet. Combined Scale Factor: 1.0002485 Copyright 2023, Hugo Reed and Associetes, lnc. Page 1 of 2 DESCRIPTION FOR PARCEL 48 METES AND BOiJNDS DESCRIPT[ON of a 0.3346 acre hact, being a portion of a 13.730 acre hact locatcd in Section 26, Block AK, Lubbock County, Texas, described under County Clerk File No. 2016011116 of the Official Public Records of Lubbock County, Texas, said 0.3346 acre tract being further described as follows: BEGINNING at a I/2" iron rod with cap marked "iiRA" set (N=7249913.1', E=908786.2') in the South line of said Section 26, which bears N. 88°10'06" W. a distance of 1,088.75 feet from the Southeast corner of said Section 26, Block AK, Lubbock County, Texas; THENCE N. 88° 10'06" W., along the South line of said Section 26, a distance of 265.00 feet to a 1/2" iron rod with cap marked "fIRA" set for the Southwest corner of this tract; THENCE N. Ol°52'48" E. a distance of 55.00 feet to a 1/2" iron rod with cap marked "WSCI" found at the Southeast comer of Lot 101, Regency Park, an addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded in Volume 5396, Page 95, Ofiicial Real Property Records of Lubbock County, Texas, and the Northwest corner of this tract; THENCE S. 88° 10'06" E, a distance of 265.00 feet to a l/2" iron rod with cap marked "HRA" set at the Southwest corner of Tract "A", Upland Heights, an addition to the City of Lubbock, Lubbock County, Texas, according to the map, plat and/or dedication deed thereof recorded under County Clerk File No. 2018033490 of the Official Public Records of Lubbock County, Texas, for the Northeast corner of this tract; THENCE S. O l°52'48" W. a distance of 55.00 feet to the Point of Beginning. Contains: 0.3346 acres (14,575 sq. ft.) of land more or less. Bearings are relative to Grid North, Texas Coordinate System of 1983, North-Central Zone, 2011 (epoch 2010.0). Distances and coordinates are Surface, U.S. Survey Feet. CSF = 1.0002485 T1TLE COMMITMENT No abstract of title or title commitment was provided to this surveyor. Reco�d research done by this surveyor was made only for the purpose of determining thc boundary of this properiy and of the adjoining parcels. Record doeuments other than those shown on this survey may exist and encumber this property. Revised: March 27, 2023 (parce) name, add scale to pege 1) 98TH STREET DESIGN PROJECT UPLAND AVE. TO ALCOVE AVE, Parcel 48 - Permanent Easement PERiMETER SURVEY OF A 0.3346 ACRE PARCEL LOCATED IN SECTION 26, BLOCK AK LUBBOCK COUNTY, TEXAS >t,�-• �.- �F: r c : Q' O: t,i� ��������I��N������������N CYRIL HOWARD TURNER on the ��HUGO REED AND ASSOCIATES, INC. LAND SURVEYpRS 1801 AVENUE N CIVIL ENGINEERS LUBBOCK, TEXAS 79401 iE%ASUCENBEDBURVEYIN6FIRM700B7&00 PHONE:808/783-5642 TEXASREGIBTEREDENOINEERINOFINMF-7E0 FAX:808/783-3891 Bearings are relative to the Texes Coordinate System of ! 983, Notth Central Zone, NAD 83 (20l t), Epoch 2010.0 Dlstences and coordinates ere surface, U.S. Survey feet. Combined Scale Factor: 1.0002485 Copyright 2023, Hugo Reed end Assacietes, lnc. Pege 2 of 2 a: r t � i �y R �s .� � `__' ��� r ��+ "'`�'� � • :a��`" �'" . • - `''� -� _.� _. -� - � 98th Street from Alcove Avenue to Upland Avenue is currently unpaved and is designated in the 2018 Thoroughfare Master Plan to become a seven-lane principal arterial roadway. Continued growth in southwest Lubbock has increased traffic demands along the west 98th street corridor from Alcove Avenue to Upland Avenue, a roadway that is currently unpaved with portions in a flood zone. Safety concerns necessitate the construction of an all-weather paved roadway, raised above the flood plain; the new roadway will be constructed to a three lane multimodal roadway with drainage structures in the seven lane ultimate configuration. The design will include the ultimate design of seven-lane arterial, intersection improvements, drainage solutions, utility adjustment and right of way acquisition services with the City of Lubbock constructing three lanes. Project Justification On November 8, 2022, Lubbock voters approved issuance of a$200 million street improvements bond package for the purpose of providing permanent public improvements. The funding will acquire, construct and reconstruct street improvements, including but not limited to sidewalks, utility line relocations and traffic signalization, necessary and related storm drainage facilities, and the acquisition of land and rights-of-way for the full width dedication. Project Dates Design Start Date: 12/2022 Design Completion: 12/2023 Bid for Constuction:12/2023 Award Construction: 02/2024 Project Completion: 08/2025 Project Location Project Highlights Council Priorities Addressed: Public Safety Community Improvement Growth and Development Project History 307 � FY 2023-24 Operating Budget and Capital Program Project Scope Project Appropriations P Works 92811 2022 - 23 Budget CIP 2023 - 24 Budgel 2024 - 25 Budget 2025 - 26 Budget 2026 - 27 Budget 2027 - 28 Budget 2028 - 29 Budget Constructlon $12,000,000 $0 $0 $0 $0 $0 $� TOTAL 512,000,000 SO SO SO SO SO SO Project Funding P Works 92811 Funding to Date 2023 - 24 Budget 2024 - 25 Budget 2025 - 26 Budget 2026 - 27 Budget 2027 - 28 Budget 2028 - 29 Budget General Obligation Bonds $12,000,000 $0 $0 $0 $0 $0 $0 TOTAL 512,000,000 SO SO SO EO EO SO Operating Budget Impacts 92811 Description No Impact Anticipated TOTAL 2023-24 2024-25 2025-26 2026-27 2027-28 2028-29 Total $o $o sn $o $a so so SO SO SO EO SO SO SO FY 2023 24 Operating Budget-and C-apital Program 308