16-711 Road tax; how used and expended. - Nebraska Statutes

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Statutes > Nebraska > Chapter16 > 16-711

16-711. Road tax; how used and expended.All money arising from the levying of road tax against or upon property in said city shall belong to the city and shall be expended upon the streets and grades in such city; Provided, this section shall not apply and has not heretofore applied to the disposition of money collected by levy of county road tax; and provided further, that all money which was collected before March 11, 1935, by any county under township organization from the levy of county road tax against or upon the property in said city and which has not been paid to said city shall belong to the county, and no part thereof need be paid to said city; Provided further, that section 49-301 shall not apply to preserve to any city any right which said city may have had or claimed with respect to said money heretofore collected by any county under township organization from the levy of county road tax against or upon the property in said city and which has not been paid to said city; and provided further, that the provisions of this section shall be held and taken to apply to any case brought in any court in this state. SourceLaws 1901, c. 18, § 87, p. 294; Laws 1907, c. 13, § 1, p. 120; R.S.1913, § 4979; C.S.1922, § 4148; C.S.1929, § 16-710; Laws 1935, c. 31, § 1, p. 135; C.S.Supp.,1941, § 16-710; R.S.1943, § 16-711.AnnotationsThe amendment of statute without saving clause, during course of city's litigation for transfer of road funds, is fatal to all rights based on original statute not retained in the amended statute. City of Beatrice v. Gage County, 130 Neb. 850, 266 N.W. 777 (1936).

State Codes and Statutes

Statutes > Nebraska > Chapter16 > 16-711

16-711. Road tax; how used and expended.All money arising from the levying of road tax against or upon property in said city shall belong to the city and shall be expended upon the streets and grades in such city; Provided, this section shall not apply and has not heretofore applied to the disposition of money collected by levy of county road tax; and provided further, that all money which was collected before March 11, 1935, by any county under township organization from the levy of county road tax against or upon the property in said city and which has not been paid to said city shall belong to the county, and no part thereof need be paid to said city; Provided further, that section 49-301 shall not apply to preserve to any city any right which said city may have had or claimed with respect to said money heretofore collected by any county under township organization from the levy of county road tax against or upon the property in said city and which has not been paid to said city; and provided further, that the provisions of this section shall be held and taken to apply to any case brought in any court in this state. SourceLaws 1901, c. 18, § 87, p. 294; Laws 1907, c. 13, § 1, p. 120; R.S.1913, § 4979; C.S.1922, § 4148; C.S.1929, § 16-710; Laws 1935, c. 31, § 1, p. 135; C.S.Supp.,1941, § 16-710; R.S.1943, § 16-711.AnnotationsThe amendment of statute without saving clause, during course of city's litigation for transfer of road funds, is fatal to all rights based on original statute not retained in the amended statute. City of Beatrice v. Gage County, 130 Neb. 850, 266 N.W. 777 (1936).

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State Codes and Statutes

Statutes > Nebraska > Chapter16 > 16-711

16-711. Road tax; how used and expended.All money arising from the levying of road tax against or upon property in said city shall belong to the city and shall be expended upon the streets and grades in such city; Provided, this section shall not apply and has not heretofore applied to the disposition of money collected by levy of county road tax; and provided further, that all money which was collected before March 11, 1935, by any county under township organization from the levy of county road tax against or upon the property in said city and which has not been paid to said city shall belong to the county, and no part thereof need be paid to said city; Provided further, that section 49-301 shall not apply to preserve to any city any right which said city may have had or claimed with respect to said money heretofore collected by any county under township organization from the levy of county road tax against or upon the property in said city and which has not been paid to said city; and provided further, that the provisions of this section shall be held and taken to apply to any case brought in any court in this state. SourceLaws 1901, c. 18, § 87, p. 294; Laws 1907, c. 13, § 1, p. 120; R.S.1913, § 4979; C.S.1922, § 4148; C.S.1929, § 16-710; Laws 1935, c. 31, § 1, p. 135; C.S.Supp.,1941, § 16-710; R.S.1943, § 16-711.AnnotationsThe amendment of statute without saving clause, during course of city's litigation for transfer of road funds, is fatal to all rights based on original statute not retained in the amended statute. City of Beatrice v. Gage County, 130 Neb. 850, 266 N.W. 777 (1936).