NORTH CAROLINA GENERAL ASSEMBLY

1965 SESSION

 

 

CHAPTER 329

HOUSE BILL 445

 

 

AN ACT TO AUTHORIZE WAKE COUNTY TO PURCHASE THE UNITED STATES POST OFFICE BUILDING IN THE CITY OF RALEIGH, AND TO AUTHORIZE THE BOARD OF EDUCATION OF THE RALEIGH CITY SCHOOL ADMINISTRATIVE UNIT TO DISPOSE OF CERTAIN PROPERTY AT PRIVATE SALE.

 

WHEREAS, the Board of County Commissioners of Wake County desires to acquire the United States Post Office Building located on Fayetteville Street in Raleigh; and

WHEREAS, the Federal Government desires to dispose of its Post Office property on Fayetteville Street; and

WHEREAS, the Federal Government wishes to acquire the Hugh Morson Junior High School property in Raleigh; and

WHEREAS, the Raleigh City School Board wishes to dispose of the Hugh Morson Junior High School property; and

WHEREAS, it is to the mutual advantage of all parties concerned that enabling legislation be enacted to permit an effective means for carrying out the above: Now, therefore,

 

The General Assembly of North Carolina do enact:

 

Section 1. The Board of Education of the Raleigh City School Administrative Unit is hereby authorized and empowered to sell and convey or contract for the sale and conveyance at private sale to the Board of County Commissioners of Wake County on terms permitting payments over a period of approximately three years for the sum of seven hundred thousand dollars ($700,000.00) its property in the City of Raleigh known as the Hugh Morson Junior High School which is bounded by Morgan, Bloodworth, Hargett and Person Streets. It is contemplated that Wake County shall liquidate the indebtedness by installment payments of two hundred fifty thousand dollars ($250,000.00), two hundred fifty thousand dollars ($250,000.00), and two hundred thousand dollars ($200,000.00) during the fiscal years 1965-66, 1966-67, and 1967-68, respectively.

Sec. 2. The Board of County Commissioners of Wake County is hereby authorized to purchase or contract for the purchase from the United States of America, through the Administrator of General Services, or other appropriate Federal agency, for the sum of one million two hundred eighty-seven thousand dollars ($1,287,000.00) the United States Post Office Building located on Fayetteville Street in the City of Raleigh. As part of the consideration or purchase price thereof, said Board of County Commissioners is authorized to acquire the Hugh Morson Junior High School property, as described and subject to the conditions set out in Section 1, and convey the same to the United States of America for a credit of seven hundred thousand dollars ($700,000.00) to be applied on the purchase price of said Post Office property. The Board of County Commissioners of Wake County is authorized to contract with the United States of America for the payment, by the Federal Government to said Board, of the equivalent of interest on the seven hundred thousand dollar ($700,000.00) value of the Hugh Morson property for several years inasmuch as the Federal Government will have the use and enjoyment of this school property for approximately three or four years before it will be in position to release the Post Office property to Wake County. The interest so paid shall be applied on the purchase price of the Post Office Building.

Upon acquisition of the above described Post Office property, the Board of County Commissioners of Wake County is authorized to enter into a lease for a ten-year period, with options of renewal for two additional ten-year periods, to the United States for a rental of seventeen thousand dollars ($17,000.00) per year of a portion of the first floor of the Post Office Building which will not be needed immediately for county purposes, said portion to be approximately 6,760 square feet. The county shall apply the Post Office Building rentals received each year toward the making of the annual twenty thousand dollars ($20,000.00) per year payments described below.

The Board of County Commissioners of Wake County is authorized to obligate the county to liquidate the remaining amount of approximately five hundred thousand dollars ($500,000.00), which will then be due and owing for the Post Office property through a series of payments of principal at the rate of twenty thousand dollars ($20,000.00) per year for twenty-five years, together with necessary interest.

The Board of County Commissioners of Wake County is hereby expressly authorized to perform the acts above described, to incur all indebtedness under the terms described, both for the school and the Post Office property, and to do all other things necessary to carry out and effectuate the provisions of this Act. To this end, the Board of County Commissioners of Wake County is expressly authorized to levy an ad valorem tax each year at such rate as may be necessary to carry out the provisions of this Act.

Sec. 3. The Board of County Commissioners of Wake County shall not incur any indebtedness nor levy any tax pursuant to the provisions of this Act, with respect to which any provision of the Constitution of North Carolina requires approval thereof by a vote of the people, unless the same shall first be approved at a special election called therefor as herein provided.

If said Board of County Commissioners undertakes to secure approval through an election, it shall first adopt an appropriate resolution embodying the propositions it desires to be voted on, and it shall request the Wake County Board of Elections to hold a special election thereon. Upon such request, the County Board of Elections shall call an election thereon which election shall be conducted in all respects in accordance with the general laws of the State applicable to the holding of elections in Wake County. No new registration of voters shall be necessary. Those favoring incurring indebtedness, both as to the school and Post Office property, and levying such taxes as may be necessary to carry out the provisions of this Act shall vote a ballot on which are printed the words "FOR INCURRENCE OF NECESSARY INDEBTEDNESS AND LEVY OF NECESSARY TAXES BY WAKE COUNTY TO ACQUIRE RALEIGH POST OFFICE PROPERTY", and those opposing shall vote a ballot on which are printed the words "AGAINST INCURRENCE OF NECESSARY INDEBTEDNESS AND LEVY OF NECESSARY TAXES BY WAKE COUNTY TO ACQUIRE RALEIGH POST OFFICE PROPERTY". If the purchase of the Post Office property is approved pursuant to an election held as provided for in this Section, then the Board of County Commissioners shall be authorized to incur such indebtedness and levy such ad valorem property taxes as may be necessary to carry out the purposes of this Act.

The failure of the voters to approve the proposition of incurring the indebtedness for such purchase at such an election shall not prohibit said Board of County Commissioners nor the Board of Education described in Section 1 from doing any and all acts authorized under the general law, or special laws applicable thereto or this Act, with respect to which no constitutional provision requires approval by a vote of the people.

Sec. 4. If the voters of Wake County fail to approve the proposition herein set out at the referendum herein provided for, or if, after approval at such referendum, the Board of County Commissioners of Wake County fails to elect to proceed under the provisions of this Act pursuant to such referendum, the Board of Education of the Raleigh City School Administrative Unit is hereby authorized and empowered to negotiate the sale and sell and convey or contract for the sale and conveyance at private sale to the United States of America, through the Administrator of General Services, or other appropriate Federal agency, of its real property in the City of Raleigh known as the Hugh Morson Junior High School, hereinbefore referred to, for the sum of not less than seven hundred thousand dollars ($700,000.00) on such terms and conditions as said Board may deem wise and expedient.

Sec. 5. All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 6. This Act shall become effective upon its ratification.

In the General Assembly read three times and ratified, this the 27th day of April, 1965.