NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

 

 

CHAPTER 874

SENATE BILL 44

 

 

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 1975."

Sec. 2.  The appropriations made by this act as hereinafter mentioned are for the purpose of constructing buildings and utilities; acquiring sites therefor where necessary; and acquiring lands at the institutions, departments, and agencies of the State.

Sec. 3.  The 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.

Prior to the execution of design contracts for 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. 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 twenty‑eight million two hundred forty-five thousand nine hundred thirty- seven dollars ($28,245,937) effective July 1, 1975, and fifty-one million three hundred eighty-six thousand five hundred thirteen dollars ($51,386,513) effective July 1, 1976, for use by the State institutions, departments, and agencies to provide for capital improvement projects according to the following schedule:

DEPARTMENT                                    1975-76                                         1976-77

DEPARTMENT OF ADMINISTRATION        $2,670,000                                    $5,975,000

1. State surplus property

warehouse-building                                    438,000

Receipts: Surcharge                                   438,000

Appropriations                                                  -0-

2. Parking deck & motor pool

dispatching

facility            $2,704,000

Less: Self-

Liquidating       2,000,000

Less: 1973 and

1974

Appropriations   704.000

General Fund Appropriation                                 0

3. Renovation of

computer center                                         175,000

4. Reserve for capital

improvement cost

increases                                                   500,000                                      1,500,000

5. Continue development

of mall in State

government center                                       65,000                                      1,735,000

6. Renovations and repairs

of buildings-

government center                                     100,000                                         100,000

7. Land acquisition-

 government center                                    250,000                                         750,000

8. Land acquisition-

State parks                                                500,000                                         500,000

9. Renovation of Agriculture

Building                                                     300,000                                      1,300,000

10. Renovation of Museum

of Natural History                                        90,000

11. Bicentennial plaza between

the Legislative Building

and Capitol                                                400,000

12. Renovation of Cultural

Resources Records Center                        205,000

13. Completion of stacks-

Archives Library Building

Annex                                                       175,000

DEPARTMENT OF AGRICULTURE                      40,000

1. Calibration station-

Wilmington

Building                79,000

Movable

Equipment              1,000

80,000

Less: Receipts      72,000

General Fund

Appropriation                                                8,000

2. Machinery storage &

shop building-

Lewiston                                                     32,000

BOARD OF GOVERNORS-UNIVERSITY

OF NORTH CAROLINA                                  11,360,500                                    29,222,500

1. Construction or

renovation of

educational, administrative,

maintenance, and

utilities facilities;

architectural barrier

removal; OSHA compliance;

and land acquisition                                 5,110,500                                      4,527,500

2. East Carolina

University

Medical Complex     21,000,000                                        $22,145,000

Less: Previous

1973 and 1974

appropriations          15,000,000

General Fund

Appropriation                                         6,000,000                                    22,145,000

3. North Carolina

Central University

Law School Building                                  250,000                                      2,250,000

4. Vocational Rehabilitation

Center at Chapel Hill                                                                                       300,000

COMMUNITY COLLEGES                                                                                     1,500,000

1. Construction of

Facilities                                                 1,500,000                                      4,500,000

Less: Receipts                                        1,500,000                                      3,000,000

General Fund

Appropriation                                                                                              1,500,000

DEPARTMENT OF

CORRECTION                                                    6,070,000

1. Supplement to

1974 appropriation

for replacement

of confinement

facilities                                                  6,000,000

2. Sewage plant

renovation-

Samarkand                                                  30,000

3. Restroom installations-Dobbs                             40,000

DEPARTMENT OF CULTURAL

RESOURCES                                                          150,000                                         237,500

1. Historic Halifax restoration                                 60,000                                         100,000

2. Reed Gold Mine Restoration                              50,000                                           62,500

3. Tryon Palace fire and

burglar alarm system                                    40,000

4. Duke Homestead

Restoration                                                                                                        75,000

DEPARTMENT OF HUMAN

RESOURCES                                                       5,351,112                                    10,243,888

1. Reserve for Corrections

of Life-Safety Code

deficiencies                                             3,000,000                                      2,000,000

2. Eastern N. C. Hospital

a. X-Ray Equipment                                    50,000

3. N. C. School for the Deaf

a. Roof Repairs                                           30,000

4. Eastern N. C. School for

the Deaf

a. Air Conditioning                                     475,000

b. New Water Line                                    115,000

5. Central School for the Deaf

a. Roads and Parking                                   45,000

b. Storage Building                                    120,000

c. Sidewalks, Lighting,

Landscaping, Playground                           100,000                                         100,000

6. The Governor Morehead School

a. Completion of Primary

School                                                         21,112                                         358,888

7. Broughton Hospital

a. Re-roofing two

buildings                                                    110,000

8. Cherry Hospital

a. Utility bridge                                          135,000

9. Dorothea Dix Hospital

a. Renovation of male wing                        100,000                                      2,400,000

10. Western Carolina Center

a. Re-roof seven buildings                          300,000

11. O'Berry Center

a. Re-roof four buildings                                                                                  450,000

b. Air condition school

building                                                      225,000

c. Renovation of, and

additions to, B-l and B-2

buildings                                                      85,000                                      2,415,000

12. Caswell Center

a. Re-roofing three

buildings                                                                                                          110,000

b. Air condition school

building                                                      160,000

c. Renovate Parrott and

Johnson Bldgs.                                                                                                725,000

d. Renovate bathrooms-

McNairBldg.                                             125,000

e. Non-ambulatory dormitory                       65,000                                      1,685,000

13. Murdoch Center

a. Additional oil storage                               90,000

DEPARTMENT OF MILITARY AND

VETERANS AFFAIRS                                             60,125                                         195,625

1. Reserve for

Construction

of or

additions to

armories at

Clinton,

Salisbury,

And Lumberton       110,000                                                          1,427,000

Less

Receipts –

Federal                     82,500                                                          1,070,250

Less

Receipts -

Local                                                                                                178.375

General

Fund

Appropriation                                              27,500                                         178,375

2. Supplement

to 1973

appropriations

for new

armories at

Canton/

Waynesville,

High Point,

and Monroe                               261,000                                         138,000

Less

Receipts –

Federal                                       195,750                                         103,500

Less

Receipts –

Local                                            32,625                                           17,250

General

Fund

Appropriation                                              32,625                                           17,250

DEPARTMENT OF NATURAL

AND ECONOMIC

RESOURCES                                                       2,459,200                                      2,037,000

1. Division of

Parks and Recreation

a. Reserve for

development

of recreational

facilities at

federal reservoirs,

State parks, & one

million dollars

($1,000,000) for the

N.C. Zoo                                               1,500,000                                      1,250,000

2. Division of

Environmental

Management

a. Reserve for

civil

works

projects                                                     600,000                                         200,000

b. Reserve for development

of Wanchese

Harbor                                                                                                            500,000

c. Laboratory-

Environmental

Management                                              262,100

3. Division of

Economic

Development

a. Science and Technology

Building sewer

hook-up                                                      10,100

4. Division of Forest

Resources

a. Six forestry head-

quarters buildings                                         87,000                                           87,000

DEPARTMENT OF TRANSPORTATION

AND HIGHWAY SAFETY                                      85,000                                      1,975,000

1. State Ports Authority

a. Hardstand South Dock-

Wilmington                                                                                                   1,720,000

b. Completion of sanitary

sewer collection system-

Wilmington                                                  85,000                                         255,000

Grand Total General Fund

Appropriation                                     $28,245,937                                  $51,386,513

Sec. 5.  There is hereby appropriated out of the Highway Fund effective July 1, 1975, the sum of one million eight hundred four thousand five hundred dollars ($1,804,500) for the use of the Department of Transportation to provide for capital improvement projects according to the following schedule:

1975-76                                          1976-77

DIVISION OF HIGHWAYS                                $901,500

1. Reserve for capital

improvement projects                                901,500

DIVISION OF MOTOR VEHICLES                      903,000

1. Communications Center &

Troop F Headquarters-

Hickory                                                     561,000

Building                        $554,000

Movable

Equipment                          7,000

2. Highway Patrol

Station                                                       120,000

Granville County

Building                          115,000

Movable

Equipment                          5,000

3. Highway Patrol

Communications

Center in

Elizabethtown                                            222,000                                    _________

Grand Total Highway Fund

Appropriation                                                      $1,804,500

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. 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 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 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 or the Department of Community Colleges. 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 a 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 upon 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 a 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 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 a department, 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, federal receipts, patient receipts or receipts becoming a part of special funds by act of the General Assembly. 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, nor shall any such funds be transferred from one department of government to another except through the project reserve.

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 assured gifts or grants.

Sec. 11.  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 Chapter 1244, 1971 Session Laws, and the provisions of this act, except where specifically excluded.

Other lump sums appropriated in Sections 4 or 5 of this act shall be used for specific projects of capital improvements in accordance with the priority needs of the respective agencies and as approved by the Governor and the Advisory Budget Commission.

Sec. 12.  There is appropriated under Section 4 of this act to the Department of Administration the sum of five hundred thousand dollars ($500,000) in 1975-76 and one million five hundred thousand dollars ($1,500,000) as reserves for capital improvements cost increases to supplement 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 other means to award contracts shall have been reasonably attempted in the opinion of the director of the budget.

Sec. 13.  It is the intention of this act that it shall be the announced policy of the Department of Community Colleges that no construction contracts for capital improvements be let until it has been clearly established that funds are available for related movable equipment.

Sec. 14.  Subject to any transfers and changes between appropriations as permitted in previous sections of this act, the appropriations for capital improvements made herein 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 eighteen months following the first day of the fiscal year in which the funds are available. If construction on such project or projects has not been commenced 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.

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

Sec. 16.  Notwithstanding the provisions of G.S. 146-30 or any other pertinent statute, the net proceeds of any sale, lease, rental, transfer, or other disposition of the telephone, electric, water and sewer systems, facilities, properties, assets, plants, works, and instrumentalities (identified as enterprises or projects by Article 1 of General Statutes Chapter 116) in the jurisdiction of and operated by institutions of The University of North Carolina shall not, prior to July 1, 1976, be approved for use by the director of the budget or the Advisory Budget Commission.

Sec. 17.  The Department of Human Resources is faced with the threat of losing revenues in the institutional programs because of physical facilities not meeting standards established by the Occupational Safety and Health Act, Medicaid, Medicare, and Life Safety Codes.

It is the intent of the General Assembly that the three million dollars ($3,000,000) appropriated for 1975-76 and the two million dollars ($2,000,000) appropriated for 1976-77 to the Department of Human Resources for this purpose be used by the Secretary to correct those deficiencies most necessary to provide for the maximum safety and care of patients and to assure the standards required for the continued receipt of third party insurance payments for those patients.

The use of funds for the correction of these deficiencies may be restricted by the director of the budget and the Advisory Budget Commission, when in their opinion the expenditure would not aid in the receipt of third party insurance payments.

Sec. 18.  Subject to legislative action to transfer the Division of Youth Development and the training schools of the Department of Correction to the Department of Human Resources, it is the intent of the General Assembly that all funds appropriated in this and previous acts for capital improvement projects in the Division of Youth Development and at the schools shall be transferred to the Department of Human Resources.

Sec. 19.  The appropriation of six million dollars ($6,000,000) for the biennium to the Department of Correction in Section 4 of this act and the fifteen million dollars ($15,000,000) reserve appropriated to the Department of Correction in Chapter 1202 of the 1973 Session Laws are to be used to design and build prisons by contract or forced account and to alleviate present overcrowding of prison facilities through either operations or capital projects as may be approved by the Governor and the Advisory Budget Commission.

Sec. 20.  It is the intent of this General Assembly that, of the appropriations enumerated above in this act, the item below is 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 in this act 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 appropriation made herein consistent with federal regulations governing expenditure of general shared federal revenue.

1975-76

Department of Correction

Supplement to 1974 appropriation for

replacement of confinement facilities                                         $4,713,789

Sec. 21.  This act shall become effective July 1, 1975.

In the General Assembly read three times and ratified, this the 26th day of June, 1975.