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.