NORTH CAROLINA GENERAL ASSEMBLY
1977 SESSION
CHAPTER 681
SENATE BILL 17
AN ACT TO MAKE APPROPRIATIONS TO PROVIDE CAPITAL IMPROVEMENTS FOR STATE DEPARTMENTS, INSTITUTIONS, AND AGENCIES.
The General Assembly of North Carolina enacts:
—TITLE/PURPOSES
Section 1. This act shall be known as "The Capital Improvement Appropriations Act of 1977".
Sec. 2. The appropriations made by this act are for constructing or renovating State buildings, utilities, and other capital facilities; acquiring sites therefor where necessary; and acquiring buildings and land for State government purposes.
—PROCEDURES FOR DISBURSEMENTS
Sec. 3. The appropriations made by Sections 4 and 5 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 department, institution, 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. Prior to the award of construction contracts for projects to be financed in whole or in part with self-liquidating appropriations, the Governor and the Advisory Budget Commission shall approve the elements of the method of financing of such projects including the source of funds, interest rate, and liquidation period.
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.
Projects listed in this act shall be completed, including fixed and movable equipment and furnishings, within the limits of the amounts of the direct or self-liquidating appropriations provided, except as otherwise provided in the act.
—GENERAL FUND APPROPRIATIONS/SCHEDULE OF CAPITAL IMPROVEMENTS
Sec. 4. There is appropriated out of the General Fund the sum of thirty million three hundred thirty-nine thousand six hundred twenty-six dollars ($30,339,626) effective July 1, 1977, and thirty-one million nine hundred eighty thousand dollars ($31,980,000) effective July 1, 1978, for use by the State departments, institutions, and agencies to provide for capital improvement projects according to the following schedule:
Capital Improvements — General Fund 1977-78 1978-79
GENERAL ASSEMBLY (TOTAL) $ 50,000 $
01. Renovation of Elevators 50,000
DEPARTMENT OF ADMINISTRATION
(TOTAL) 1,353,000 850,000
01. Completion of Capitol
Restoration 55,000
02. Completion of Governor's
Mansion Renovation 100,000
03. Repairs and Alterations to
State Buildings in the
State Government Center 100,000 100,000
04. Greenhouse - General
Services 6,000
05. Renovation of Old Health
Building 122,000
06. Two new elevators for
Justice Building 100,000
07. Architectural Barrier
Removal - State Government
Center 120,000
08. Land Acquisition - State
Government Center 100,000 150,000
09. Parking Deck-State
Government Center 2,000,000
Less receipts -
Self-liquidating 2,000,000
General Fund -0-
10. Reserve for Advance
Planning of Capital
Projects 250,000
11. Land Acquisition - State
Parks 1,000,000 1,000,000
Less receipts - Federal BOR 500,000 500,000
General Fund 500,000 500,000
DEPARTMENT OF AGRICULTURE (TOTAL) 1,375,000 450,000
01. Western Farmers Market 10,000
02. Farm shops, office, and equipment shed -
Umstead Farm 75,000
03. Renovation of Three Laying
Houses 100,000
04. Bulk Tobacco Curing and
Handling Facilities -
Border Belt Research Station 40,000
05. Reserve for capital construction -
Western Farmers Market 500,000
06. Reserve for repairs to
Dorton Arena 200,000 450,000
07. Reroof wholesale sheds -
Raleigh Farmers Market 225,000
08. Reserve for Cherokee
Farmers Market 200,000
09. Reserve for Handicrafts
Museum - Haywood Technical
Institute 25,000
BOARD OF GOVERNORS - THE
UNIVERSITY OF NORTH CAROLINA (TOTAL) 9,540,000
01. Bed Tower for East Carolina
University Medical School
Complex 3,820,000
02. OSHA Compliance
Architectural Barrier
Removal; Renovation and construction
of Capital Facilities 3,000,000
03. Utilities and Site
Improvements at Memorial
Hospital 720,000
04. Reserve for capital construction - NCSU
Veterinary School 2,000,000
COMMUNITY COLLEGES (TOTAL) 1,000,000 1,000,000
01. Reserve for capital construction 1,222,932 1,222,932
Less receipts - Federal
Funds 222,932 222,932
General Fund 1,000,000 1,000,000
DEPARTMENT OF CORRECTION (TOTAL) 4,750,000 24,900,000
01 .Replacement of Central
Prison - Phase I 850,000 16,150,000
02. Reserve for Repairs and
Renovations at Existing
Facilities 1,000,000
03. Reserve for Prison
Construction 2,900,000 8,750,000
DEPARTMENT OF JUSTICE (TOTAL) 456,376
01. Renovation funds for the SBI facilities at
Garner Road campus 456,376
DEPARTMENT OF CULTURAL RESOURCES
(TOTAL) 200,000 200,000
01. Reserve for Capital
Improvements at Historic Sites 200,000 200,000
DEPARTMENT OF HUMAN RESOURCES
(TOTAL) 3,575,000 1,000,000
01. Reserve for Correction of
Code Deficiencies 1,000,000 1,000,000
02. North Carolina School for the Deaf
a. Upgrade Heating Controls
and Repair Smokestack 230,000
b. Resurface roads 100,000
03. Eastern North Carolina
School for the Deaf
a. Resurface road 65,000
04. Governor Morehead School
a. Reroofing 50,000
b. Repair Gym Dressing Room 10,000
c. Repipe Steam and Condensate
Lines 75,000
05. Eastern North Carolina
Hospital
a. Reroof Spruill Wing 28,000
06. Cherry Hospital
a. Renovate McFarland
Building 495,000
07. John Umstead Hospital
a. Secondary clarifier for
Sewage Disposal System 345,000
08. Broughton Hospital
a. Resurface roads 95,000
09. Murdoch Center
a. Boiler Insulation 85,000
10. Reserve for Reroofing at
Broughton, Dorothea Dix
and John Umstead Hospitals 250,000
11. Reserve for Reroofing at
Murdoch, O'Berry, and
Western Carolina Centers 740,000
12. Cumberland County
Regional Detention
Center— Fencing,
Lighting 7,000
DEPARTMENT OF CRIME CONTROL AND
PUBLIC SAFETY (TOTAL) 332,250 130,000
01. New Armory, Morganton 425,000
Less receipts - Local Funds 53,125
Less receipts - Federal
Funds 318,750
General Fund 53,125
02. New Armory, Gastonia 559,000
Less receipts - Local Funds 69,875
Less receipts - Federal
Funds 419,250
General Fund 69,875
03. New Armory, Reidsville/Eden 650,000
Less receipts - Local Funds 81,250
Less receipts - Federal
Funds 487,500
General Fund 81,250
04. New Armory, Edenton 390,000
Less receipts - Local Funds 48,750
Less receipts - Federal
Funds 292,500
General Fund 48,750
05. Armory Additions, Ahoskie 60,000
Less receipts - Federal Funds 45,000
General Fund 15,000
06. Armory Addition, Asheville 90,000
Less receipts - Federal Funds 67,500
General Fund 22,500
07. New Armory, Raeford 559,000
Less receipts - Local Funds 69,875
Less receipts - Federal Funds 419,250
General Fund 69,875
08. New Armory, Albemarle 425,000
Less receipts - Local Funds 53,125
Less receipts - Federal Funds 318,750
General Fund 53,125
09. New Armory, Scotland Neck 390,000
Less receipts - Local Funds 48,750
Less receipts - Federal Funds 292,500
General Fund 48,750
DEPARTMENT OF NATURAL AND ECONOMIC
RESOURCES (TOTAL) 5,420,000 2,750,000
01. Division of Environmental
Management
a. Reserve for Civil Works
Projects
(01) Reserve for civil works 320,000 750,000
(02) Reserve for Wanchese
Harbor 500,000 500,000
(03) Watershed projects -
Chicod Creek and Swift
Creek 500,000 300,000
02. Division of Parks and
Recreation
a. Reserve for Capital
Improvements at State Parks and
Water-Based Recreation Areas 1,200,000 1,200,000
b. Continuation of Phase I Development -
North Carolina Zoological Park 2,900,000
DEPARTMENT OF COMMERCE (TOTAL) 2,288,000 700,000
01. State Ports Authority
a. Reserve for capital construction 2,265,000 700,000
02. Division of Economic
Development
a. Reroof Science &
Technology Building 23,000
GRAND TOTAL - GENERAL FUND
APPROPRIATION $30,339,626 $31,980,000
—HIGHWAY FUND APPROPRIATIONS/SCHEDULE OF CAPITAL IMPROVEMENTS
Sec. 5. There is hereby appropriated out of the Highway Fund the sum of one million six hundred twenty-five thousand six hundred dollars ($1,625,600) effective July 1, 1977, and one million one hundred thousand six hundred dollars ($1,100,600) effective July 1, 1978, for the use of the Departments of Transportation and Crime Control and Public Safety to provide for capital improvement projects according to the following schedule:
Capital Improvements - Highway Fund 1977-78 1978-79
DEPARTMENT OF CRIME CONTROL
AND PUBLIC SAFETY (TOTAL) $ 575,600 $ 300,600
01. Division of Highway Patrol
a. Renovation to support housing services at the
Governor Morehead School
Garner Road campus 435,600 300,600
b. To move transmitters to
Archdale Building 35,000
c. Communications center for
Troop G - Asheville -105,000
DEPARTMENT OF TRANSPORTATION
(TOTAL) 1,050,000 800,000
01. Division of Highways
a. Reserve for Capital
Improvement Projects 200,000 300,000
b. Reserve for renovation at
Marine Repair Facility 500,000 500,000
02. General Administration
a. Renovation of space to house
a consolidated computer operation 350,000
GRAND TOTAL - HIGHWAY FUND
APPROPRIATION $ 1,625,600 $1,100,600
—FEDERAL REVENUE SHARING/CAPITAL APPROPRIATION
Sec. 5.5. To the end of providing maximum flexibility for the expenditure of appropriations consistent with federal regulations governing expenditure of general shared federal revenue, the items below, which are elements of 1977-79 Capital Improvement Appropriations to the indicated departments as enumerated in Section 4 of this act, are to be financed from the General Revenue Sharing Trust Fund of the State:
Capital Improvements 1977-78 1978-79
Administration
01. Completion of Capitol Restoration 55,000
02. Completion of Mansion Restoration 100,000
03. Old Health Building Renovation 122,000
04. Elevators - Justice Building 100,000
05. Land Acquisition - Government Center 100,000 150,000
06. Land Acquisition - State Parks 500,000 500,000
07. Access for Handicapped 120 000 _______
Sub-Total 997,000 750,000
Agriculture
01. Western Farmers Market 510,000
02. Cherokee Farmers Market 200,000
03. Farm Shop - Umstead 75,000
04. Bulk Tobacco Barns 40,000
05. Poultry Laying Houses 100,000
06. Repairs to Dorton Arena 200,000 450,000
07. Repairs to Farmers Market 225,000
08. Handicraft Museum 25,000 _______
Sub-Total 1,375,000 450,000
Board of Governors
01. Renovations, Maintenance &
Utility Projects, OSHA, &
Architectural Barrier Removal 3,000,000
02. Memorial Hospital - Utility &
Site Improvements 720,000
03. Reserve for Vet School 2,000,000
04. East Carolina University - Bed
Tower 3,820,000
Sub-Total 9,540,000 -0-
Correction
01. Central Prison Replacement, Phase I 850,000 16,150,000
02. New Single Cell Construction 2,900,000 8,750,000
Sub-Total 3,750,000 24,900,000
Cultural Resources
01. Capital Reserve for Historic Sites 200,000 200,000
Sub-Total 200,000 200,000
Crime Control & Public Safety
01. Armories 332,250 130,000
Sub-Total 332,250 130,000
Commerce
01. Reserve for State Ports 2,265,000 700,000
Sub-Total 2,265,000 700,000
Human Resources
01. Code Deficiencies Reserve 1,000,000 1,000,000
02. Reroofing, Mental Hospitals 250,000
03. Reroofing, Mental Retardation Centers 740,000
04. Road Repair, Broughton 95,000
05. Sewage System, Butner 345,000
06. Boiler Insulation, Murdoch 85,000
07. McFarland Building Renovation-Cherry 495,000
08. Heating Controls-N.C. School for
Deaf 230,000
09. Road Repair-Eastern School for Deaf 65,000
10. Reroofing-Eastern North Carolina
Hospital 28,000
11. Road Repair-N. C. School for Deaf 100,000
12. Reroofing-Governor Morehead 50,000
13. Repair Gym Dressing Room-Governor
Morehead 10,000
14. Repipe Steam Lines-Governor Morehead 75,000 _______
Sub-Total 3,568,000 1,000,000
Justice
01. Renovation of Garner Road Facility 456,376 ________
Sub-Total 456,376 -0-
Natural Resources & Community Development
01. State Parks Capital Reserve 1,200,000 1,200,000
02. Reserve for Zoo 2,900,000 ________
Sub-Total 4,100,000 1,200,000
GRAND TOTAL - REV. SHAR./CAPITAL $26,583,626 $29,330,000
—ENCUMBERED APPROPRIATIONS AND PROJECT RESERVE FUND
Sec. 6. When each project appropriated in Section 4 of this act, other than those projects under the Department of Community Colleges and 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. Unencumbered direct appropriations remaining in the project budget 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 solely to allow for award of contracts where bids exceed appropriated funds, on condition that such projects supplemented shall have been designed within the physical scope intended by the applicable appropriation or any authorized change therein, and in the opinion of the Director of the Budget all means to award contracts within the appropriation shall have been reasonably attempted. The project reserve fund shall not be used in connection with any projects under The University of North Carolina Board of Governors or the Department of Community Colleges. At the discretion of the Governor and the Advisory Budget Commission any balances in the project reserve fund shall revert to the original source.
—UNC BOARD OF GOVERNORS AND OTHER LUMP SUM APPROPRIATIONS
Sec. 7. 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 the provisions of G.S. 116-11(9)a and G.S. 116-11(9)b, and this act, except where specifically excluded. Other lump sums appropriated in Sections 4 or 5 of this act shall be used for specific capital improvement projects in accordance with the priority needs of the respective agencies and as approved by the Governor and the Advisory Budget Commission, and any funds remaining in a project account following encumbrance of all construction and equipment costs and reasonable contingency shall revert to the respective reserve.
—GOVERNOR AND ABC/POSTPONEMENT OF PROJECTS
Sec. 8. Upon the request of a department, institution, or agency for which a capital improvement appropriation is made in this act, the Governor and the Advisory Budget Commission are authorized and empowered to postpone any capital improvement project as provided in this act upon finding that the project cannot be carried out as originally intended by the General Assembly.
—ADVISORY BUDGET COMMISSION /APPROPRIATION MODIFICATIONS
Sec. 9. 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 pertinent department, agency, or institution, authorize an increase or decrease in size and scope of a direct or self-liquidating capital appropriation. Changes to a project or projects enumerated in this act may come from gifts, grants, federal receipts other than patient receipts, special fund receipts, or, from within the funds appropriated in this act to that department, agency, or institution.
—GOVERNOR AND ADVISORY BUDGET COMMISSION /NEW PROJECTS
Sec. 10. The Governor 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 a department, institution, or agency, authorize the construction of a capital improvement project not specifically provided for or authorized by the General Assembly. Funds which become available by gifts, grants, federal receipts other than patient receipts or receipts becoming a part of special funds by act of the General Assembly may be used for this purpose. No funds appropriated under this act for a specific capital improvement shall be used or expended for any capital improvement not specifically provided for or authorized by the General Assembly.
—RECREATIONAL LAND ADVANCES/REIMBURSEMENT
Sec. 11. 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 assured gifts or grants.
—COMMUNITY COLLEGES/MOVABLE EQUIPMENT
Sec. 12. No construction contracts for capital improvements within the Department of Community Colleges shall be let until it has been clearly established that funds are available for related movable equipment.
—ADVANCE PLANNING RESERVE/DEPARTMENT OF ADMINISTRATION
Sec. 13. There is appropriated in Section 4 of this act to the Department of Administration the sum of two hundred fifty thousand dollars ($250,000) in fiscal year 1977‑78 as a reserve for the advance planning of capital projects and the preparation of program cost estimates on high priority capital projects. This reserve may be used as requested by a department and as approved by the Governor and the Advisory Budget Commission.
Advance planning shall be generally limited to the schematic design phase and in no case shall advance design proceed beyond the design development phase.
This reserve shall not be utilized in connection with projects under the Board of Governors of The University of North Carolina or the Department of Community Colleges.
All amounts provided from the reserve shall be repaid to the reserve at such time as final design and construction monies become available.
Sec. 14. (deleted)
—APPROPRIATIONS LIMITS/REVERSION OR LAPSE
Sec. 15. 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. Construction of all capital improvement projects enumerated in this act shall be commenced or self-liquidating indebtedness with respect thereto shall be incurred within 18 months following the first day of the fiscal year in which the funds are available. If construction contracts on such project or projects have not been awarded or self-liquidating indebtedness has not been incurred within that period, 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 this deadline with respect to both direct and self-liquidating appropriations may be extended with the approval of the Governor and the Advisory Budget Commission when, in their discretion, existing circumstances and conditions warrant such extension.
—EFFECTIVE DATE
Sec. 16. This act shall become effective July 1, 1977.
In the General Assembly read three times and ratified, this the 22nd day of June, 1977.