NORTH CAROLINA GENERAL ASSEMBLY

1973 SESSION

 

 

CHAPTER 1202

SENATE BILL 976

 

 

AN ACT TO MAKE APPROPRIATIONS TO PROVIDE CAPITAL IMPROVEMENTS FOR STATE INSTITUTIONS, DEPARTMENTS, AND AGENCIES.

 

The General Assembly of North Carolina enacts:

 

Section 1.  This act shall be known as "The Capital Improvement Appropriations Act of 1974."

Sec. 2.  The appropriations made by this act are for the purpose of constructing buildings and utilities, the renovation of buildings and utilities, acquiring sites therefor where necessary, acquiring and installing equipment, and acquiring lands at the institutions, departments and agencies of the State hereinafter mentioned, as detailed in the 1974-75 Budget.

Sec. 3.  The direct appropriations made by this act to provide for Capital Improvements under Sections 4, 5, and 6 of this act shall be disbursed for the purposes provided by this act upon warrants drawn by the State Disbursing Officer, which warrants shall not be drawn for any State institution, department, or agency until an allotment has been approved by the Director of the Budget, and which allotment shall be approved only after full compliance with the Executive Budget Act, Article I, Chapter 143, of the General Statutes. Any officer of this State or executive head of any institution, or any director, trustee, or commissioner of any State institution, department, or agency to which a direct or self-liquidating appropriation is made under the provisions of this act who votes for or aids in spending more money for any improvement for any institution, department, or agency than is appropriated therefor except as hereinafter provided, may be removed from office by the Governor. Any additional monies which may be received by means of a grant or grants from the United States of America or any agency or department thereof, or from any other source to aid in financing the cost of any of the improvements herein referred to may be placed by the State Treasurer in the same fund or in a separate fund and, to the extent permitted by terms of such grant or grants, with the approval of the Governor and the Advisory Budget Commission, shall be disbursed in the same manner and for the same purposes mentioned in this act, as detailed in the 1974-75 Budget. Appropriations for purchases of land in Section 4 of this act are consolidated into one appropriation to the Department of Administration. Prior to the execution of design or construction contracts in respect to projects to be financed in whole or in part with self-liquidating appropriations the Advisory Budget Commission shall approve the method of financing such projects. Where direct appropriations are provided in this act for the purpose of furnishing movable equipment for any project, such funds for equipment shall not be subject to transfer into construction accounts except as authorized by the Director of the Budget. However, fixed equipment funds so provided may be expended under construction accounts to the specific amount required for equipment attached to or connected to the building for which it is intended. It is the intent of this act that projects listed herein shall be completed, including fixed and movable equipment and furnishings, within the limits of the amounts of the direct or self-liquidating appropriations provided herein, except as hereinafter provided.

Sec. 4.  There is hereby appropriated out of the General Fund the sum of ninety million two hundred twenty-six thousand three hundred thirty-seven dollars ($90,226,337) for the use of the State institutions, departments and agencies to provide for capital improvement projects according to the following schedule:

DEPARTMENT OF ADMINISTRATION                                                               $36,505,000

1. New Office Building

No. 2 & Mall Develop-

ment Building                      $ 7,900,000

Movable Equipment                    50,000

7,950,000

Less 1973 Appropriation          300,000                       $ 7,650,000

2. Purchase of Land

State Parks                            5,500,000

N. C. State Government

Center                                   3,000.000                          8,500,000

3. New Office Building

No. 3 & Mall Develop-

ment Building                         7,650,000

Fixed Equipment                       300,000

Movable Equipment                    50,000                          8,000,000

4. Vehicular Parking Deck

Motor Pool Dispatching

Center

Building                                  2,201,000

Fixed Equipment                         80,000

Movable Equipment                    23,000

2,304,000

Less Self-Liquidating              1,600,000

Less 1973 Appropriation          125,000                             579,000

5. State Office Building,

Charlotte, Building &

Land                                      2,637,000

Movable Equipment                    23,000                          2,660,000

6. State Office Building,

Winston-Salem, Building

& Land                                  1,879,000

Movable Equipment                    17,000                          1,896,000

7. Art Museum Supplement                                              2,250,000

8. Reserve for Capital

Improvements                                                                  4,000,000

9. Archives-Library Annex

Supplement                                                                         600,000

10. SBI Building (Planning)                                                    70,000

11 . Renovations and Repairs

to State Buildings,

Capitol Square                                                                    300,000

DEPARTMENT OF JUSTICE                                                                                      1,000,000

1. Construction and

Renovation, Criminal

Justice Academy                                                              1,000,000

DEPARTMENT OF

AGRICULTURE                                                                                                           2,695,200

1. Village of Yesteryear,

State Fair Building                                                               310,000

2. Dairy Unit, Piedmont

Research Station

Building                                     210,000

Fixed Equipment                         40,000                             250,000

3. Addition Laboratory

Building, Raleigh

Building                                     120,000

Movable Equipment                      5,000

125,000

Less Receipts                              93,750                               31,250

4. Supplement Analytical

Chemistry Laboratory,

Raleigh                                                                                316,950

5. Cooperative Greenhouse

Facility                                                                                172,000

6. Livestock Events

Building, N.C. State

Fairgrounds                                                                      1,500,000

7. Western Diagnostic

Laboratory Supplement                                                       115,000

8. Random Sample Poultry

Facility                                        72,000

Less Receipts                              72,000                                     -0-

9. Environmental Controlled

Swine Nursery                            30,000

Less Receipts                              30,000                                     -0-

DEPARTMENT OF CULTURAL

RESOURCES

Division of Archives

and History                                                                                                                          98,300

1.   Town Creek, Visitor

Center

Building                                       79,000

Fixed Equipment                           8,000

Movable Equipment                      2,700                               89,700

2. Town Creek, Addition

 to Residence                                                                         8,600

DEPARTMENT OF PUBLIC

EDUCATION

Community Colleges                                                                                                     10,000,000

1. Community Colleges &

Technical Institutes

Total Projects                      10,665,000

Less Federal Funds                   665,000                        10,000,000

UNIVERSITY OF NORTH

CAROLINA BOARD OF

GOVERNORS                                                                                                              7,536,000

1. Repairs & Replacements

Project Supplements

Compliance with Occupa-

 tional Safety & Health

Act

Maintenance Facilities

Removal of Architectural

Barriers

Advance Planning                                                             5,946,000

2. N. C. Memorial Hospital

Projects                                 2,090,000

Less Receipts                            500,000                          1,590,000

DEPARTMENT OF NATURAL &

ECONOMIC RESOURCES                                                                                         4,521,850

Division of State Parks

1.   Development of State Parks

and Water Based

Recreation Areas                                                             3,000,000

Division of Water & Air

Resources

1.   Diking of Dredging

Spoil Areas & Mainte-

nance of Civil Works

Projects                                                                              500,000

Division of Forest

Resources

1.   Forest Seedling

Greenhouse

Building                                       58,000

Fixed Equipment                         16,000

Movable Equipment                    11,000                               85,000

Division of Travel &

Promotion

1.   Welcome Center on

1-77

Building                                     187,000

Movable Equipment                    11,000                             198,000

Kerr Reservoir Develop-

ment Commission                                                                          138,750

1. Townsville Landing

Development                             277,500

Less Federal Funds                   138,750

138,750

Air Transportation Service

1. Airplane                                    598,000

Less Receipts                              30,000                             568,000

Division of Commercial &

Sports Fisheries

1. Airplane                                      40,100

Less Receipts                                8,000                               32,100

DEPARTMENT OF HUMAN

RESOURCES                                                                                                                4,259,887

Department of Mental

Health

1. Community Mental Health

Centers

Facilities                                                                           3,000,000

N. C. School for the Deaf

1. Renovate Main Building

Building                                     431,500

Fixed Equipment                           3,500                             435,000

Caswell Center

1. Renovation Tapp Building

Supplement                                                                         196,000

O'Berry Center

1. Elevator                                                                                 35,000

Cherry Hospital

1. Laundry Supplement                                                            593,887

DEPARTMENT OF SOCIAL

REHABILITATION & CONTROL                                                                            19,810,100

1. Reserve for Replace-

ment for Confinement

Facilities                                                                         15,000,000

2. Vocational Training

Facilities, 20 Locations

Buildings                                                                             805,000

3. Sewerage & Water

Improvements                                                                     447,000

4. Dormitory Renovations                                                        175,500

5. Kitchen & Dining Hall

Renovations                                                                        280,000

6. Renovate Bost Cottage,

Morrison School                                                                 105,000

7. Renovate Sewerage System

Morrison School                                                                   30,000

8. Resilient Floor

Morrison School 40,000

9. Extend Water Mains

Morrison School                                                                     8,600

10. Three Multi-Purpose Buildings

Located at Harnett Youth

Center, Caledonia & Odom                                                600,000

11. Compound Fencing                   58,500

12. Renovate Hospital,

Correctional Center for

Women                                                                                 13,000

13. Renovate Central Heat

in Dormitories                                                                       32,500

14. Office Renovations                                                              69,000

15. Dormitory Reroofing                                                            20,000

16. Storage Building,

Bladen Subsidiary                                                                 18,000

17. Shop Building, Western

Correctional Center                                                               70,000

18. Emergency Generators                                                         36,000

19. Mobile Classrooms,

20 Locations                                                                           280,000

20. School & Administration

Building, Juvenile

Evaluation Center

Building                                  1,542,000

Fixed Equipment                         30,000

Movable Equipment                    70,000                          1,642,000

21. Fencing – Western

Carolina Center                                                                     80,000

DEPARTMENT OF TRANSPORTATION

AND HIGHWAY SAFETY                                                                                          3,800,000

N. C. State Ports

Authority

1. Container Cranes                                                              3,800,000

Sec. 5.  There is hereby appropriated out of the Highway Fund the sum of three hundred seventy thousand dollars ($370,000) for the use of the Department of Transportation to provide for Capital Improvement projects according to the following schedule:

N. C. DEPARTMENT OF

MOTOR VEHICLES                                                                                                    $ 370,000

1. Supplement – Addition

to Motor Vehicle Building,

Raleigh                                                                                280,000

2. Supplement – Office

Building, Ahoskie                                                                  45,000

3. Supplement – Office

Building, Hendersonville                                                        45,000

Sec. 6.  When each project appropriated for in Section 4 of this act, other than those projects under the University of North Carolina Board of Governors, is placed under construction contract, direct appropriations therefor shall be encumbered to include all costs for construction, design, investigation, administration, movable equipment and a reasonable contingency. Surplus direct appropriations remaining in the project budget after encumbering costs described above shall be placed in a Project Reserve Fund credited to the Department of Administration. Use of this Project Reserve Fund shall be at the discretion of the Director of the Budget, and solely to allow for award of contracts where bids exceed appropriated funds, on condition that such project supplemented shall have been designed within the physical scope intended by the applicable appropriation or any authorized change therein, and all means to award contracts within the appropriation shall have been reasonably attempted in the opinion of the Director of the Budget. The Project Reserve Fund shall not be used in connection with any projects under the University of North Carolina Board of Governors. At the discretion of the Advisory Budget Commission, any balances in the Project Reserve Fund shall revert to the original source.

Sec. 7.  Upon the request of the department, agency or institution for which a capital improvement appropriation is herein made, the Governor with a majority vote of the membership of the Advisory Budget Commission is authorized and empowered to postpone any capital improvement project as provided in this act and upon a finding that the project cannot be carried out as originally intended by the General Assembly.

Sec. 8.  The Advisory Budget Commission may, when in its opinion it is in the best interest of the State to do so, and upon the request of the department, institution, or agency, authorize an increase or a decrease in size, scope, direct or self -liquidating appropriation, of any project or projects enumerated in this act within the funds available to that department, agency, or institution.

Sec. 9.  The Director of the Budget and the Advisory Budget Commission may when, in their opinion, it is in the best interest of the State to do so and upon the request of the administration of any State agency or institution, authorize the construction of a capital improvement project not specifically provided for or authorized by the General Assembly when funds become available by gifts, grants or receipts.

Sec. 10.  The Director of the Budget is authorized and empowered to advance from the land-purchase appropriations made in this act, funds necessary for purchase of recreational land for which there is either no specific appropriation or only a partial appropriation, when reimbursement of such advances will be later effected by the Federal Bureau of Outdoor Recreation.

Sec. 11.  Any lump sum appropriated in Section 4 of this act shall be used for specific projects of capital improvements from time to time and in accordance with the priority needs of the respective agencies, and as approved by the Advisory Budget Commission.

Sec. 12.  There is appropriated in Section 4 of this act a lump sum to the University of North Carolina Board of Governors. Expenditure of funds in this appropriation shall be in accordance with provisions of Chapter 1244 of the 1971 Session Laws, and provisions of this act except where specifically excluded.

Sec. 13.  Subject to any transfers and changes between appropriations as permitted in previous sections of this act, the appropriations for capital improvements made in this act shall be expended only for specific projects set out in this act. Construction of all capital improvement projects enumerated in this act shall be commenced or self-liquidating indebtedness with respect thereto shall be incurred on or before December 31, 1975; if construction on such project or projects has not been commenced or self-liquidating indebtedness has not been incurred on or before December 31, 1975, then the direct appropriation for such project or projects shall revert to the original source, and the self-liquidating appropriation shall lapse; except that direct appropriations may be placed in the Project Reserve Fund; provided, however, that subject to the approval of the Governor and the Advisory Budget Commission this deadline with respect to both direct and self-liquidating appropriations may be extended when, in the discretion of the Governor and the Advisory Budget Commission, existing circumstances and conditions warrant such extension.

Sec. 14.  Any unencumbered direct appropriation balances remaining in the capital improvement funds of 1973 appropriated for construction and equipment shall revert to the original source on December 31, 1974; provided that the Governor and Advisory Budget Commission may grant further extension for specific projects in such cases where conditions warrant.

Sec. 15.  The several departments, institutions, and agencies of the State are fully authorized and empowered to make application or applications to any agency or agencies of the United States of America for grant-in-aid for the construction of the several projects in this act and within the scope and intent of the projects enumerated in this act and to expend the same in accordance with the terms of such grants which are not contrary to the laws of this State. The Advisory Budget Commission and the Department of Administration, in its pertinent divisions, shall be furnished in advance with copies of all requests for federal funds and this information shall be kept current.

Sec. 16.  If reversions of 1973-74 maintenance appropriations exceed $60,800,000 by $1,789,000 or more, the appropriation made herein for an office building in Winston-Salem is transferred to the University of North Carolina Board of Governors for the North Carolina School of the Arts, and $1,789,000 of the reversions is added to that appropriation to build a core teaching facility at the School of the Arts in the amount of $3,685,000.

Sec. 17.  There is appropriated under Section 4 of this act to the Department of Administration the sum of four million dollars ($4,000,000) as a Reserve for Capital Improvements Cost Increases to supplement previously appropriated construction projects authorized by the General Assembly. This reserve may be used at the discretion of the Director of the Budget solely to allow for award of contracts where bids exceed appropriated funds, on the condition that such supplemented projects shall have been designed within the physical scope intended by the applicable appropriation or any authorized changes therein, and all means to award contracts within the appropriation shall have been reasonably attempted in the opinion of the Director of the Budget.

Sec. 18.  It is the intent of this General Assembly that, of the appropriations enumerated above in this act, the items below are to be financed from the General Revenue Sharing Trust Fund of the State, and that all the provisions of this act which are applicable to the remaining items are also applicable to those funded from the General Revenue Sharing Trust Fund of the State, to the end of providing maximum flexibility for the expenditure of the appropriations made herein consistent with federal regulations governing expenditure of general shared federal revenue.

DEPARTMENT OF ADMINISTRATION

Office Building No. 2                                                         $ 7,650,000

Purchase of Land, Raleigh

Area and Parks                                                                    8,333,913

Office Building No. 3                                                            8,000,000

Office Building, Charlotte                                                      2,660,000

Office Building,

Winston-Salem                                                                     1,896,000

Art Museum Supplement                                                      2,250,000

Archives - Library Annex

Supplement                                                                             600,000

 

DEPARTMENT OF TRANSPORTATION AND HIGHWAY

North Carolina State Ports

Authority                                                                              3,800,000

 

DEPARTMENT OF AGRICULTURE                                      2,695,200

 

DEPARTMENT OF HUMAN RESOURCES

N. C. School for the Deaf                                                        435,000

Caswell Center                                                                        196,000

Cherry Hospital                                                                       593,887

 

DEPARTMENT OF SOCIAL

REHABILITATION AND CONTROL

Office of Correction

Reserve for Replacement

of Confinement

Facilities                                                                       15,000,000

Three Multi-Purpose

Buildings                                                                            600,000

Mobile Classrooms                                                            280,000

School and

Administration

Building                                                                          1,642,000

 

DEPARTMENT OF NATURAL AND

ECONOMIC RESOURCES

Purchase of Airplane                                                                568,000

$ 57,200,000

Sec. 19.  This act shall become effective July 1, 1974.

In the General Assembly read three times and ratified, this the 8th day of April, 1974.