436.1 "Company" defined.

The word "company", as used in this chapter, shall be deemed and construed to mean and include any person, copartnership, association, corporation, or syndicate that may own or operate, or be engaged in operating, any express route as herein defined, whether formed or organized under the laws of this state, any other state or territory, or of any foreign country.

436.10 Entry of certificate.

At the first meeting of the board of supervisors held after such certificate is received by the county auditor, it shall cause the same to be entered in its minute book, and make and enter therein an order stating the length of the routes and the assessed value of each in each city, township, or other taxing district in its county, through or into which said routes extend, which shall constitute the taxable value of said property for taxing purposes, and the taxes on said property, when collected by the county treasurer, shall be disposed of as other taxes.

436.11 Levy of tax--rates.

The county auditor shall immediately thereafter transmit a copy of said order to the councils of cities, and to the trustees of each township in the county, and shall also add to the value so apportioned the assessed value of the real estate, buildings, machinery, fixtures, appliances, and personal property not used exclusively in the conduct of the business situated in any township or taxing district as returned by the assessor thereof, and extend the taxes thereon upon the tax list as in other cases. All such property shall be taxable upon said assessment at the same rates, by the same officers, and for the same purposes as the property of individuals within such counties, townships, or taxing districts. The property so included in said assessment shall not be otherwise taxed.

436.12 Action to collect.

In case any such company shall fail or refuse to pay any taxes assessed against it in any county, township, or assessment district in the state, in addition to other remedies provided by law for the collection of taxes, an action may be prosecuted in the name of the state by the county attorneys of the different counties of the state, on the relation of the auditors of the different counties of the state, and judgment in such action shall include a penalty of fifty percent of the amount of the taxes so assessed and unpaid, together with reasonable attorney's fees for the prosecution of such action, which action may be prosecuted in any county into, through, over, or across which the routes of any such company shall extend, or in any county where such company shall have an officer or agent for the transaction of business.

436.2 "Express company" defined.

Every company engaged in conveying to, from, through, in, or across this state, or any part thereof, money, packages, gold, silver, plate, merchandise, or any other article, by express, under a contract, express or implied, with any railroad company, or the managers, lessees, agents, or receivers thereof, provided such company is not a railroad company, a freight-line company, nor an equipment company, shall be deemed and held to be an express company, within the meaning of this chapter.

436.3 Statement required.

Every such express company shall, annually, between the first day of February and the first day of March, make out and deliver to the director of revenue and finance a statement verified by the oath of an officer or agent of said company, making such statement, with reference to the first day of January next preceding, showing:

1. The name of the company, and whether a corporation, partnership, or person, and under the laws of what state or country organized.

2. The principal place of business, and the location of its principal office, and the name and post-office address of its president, secretary, and superintendent or general manager, and the name and post-office address of its principal officers or managing agent in Iowa.

3. The total capital stock of said company;

a. Authorized;

b. Issued.

4. The number of shares of capital stock issued and outstanding, and the par face value of each share, and in case no shares of stock are issued, in what manner the capital stock thereof is divided, and in what manner such holdings are evidenced.

5. The market value of said shares of stock on the first day of January next preceding, and if such shares have no market value then the actual value thereof; and in case no shares of stock have been issued state the market value, or the actual value, in case there is no market value of the capital thereof, and the manner in which the same is divided.

6. The real estate, buildings, machinery, fixtures, appliances, and personal property owned by said company and subject to local taxation within the state, and the location and actual value thereof in the county, township, or district where the same is assessed for local taxation.

7. The specific real estate, together with the improvements thereon, and all bonds, mortgages, and other personal property owned by said company, situated outside of the state, and used exclusively outside the conduct of the business, with a specific description of all bonds, mortgages, and other personal property, and the cash value thereof, the purposes for which the same are used, and where the same are kept or deposited and each piece of real estate, where located, the purpose for which the same is used, and the actual value thereof, in the locality where situated.

8. All mortgages upon the whole or any part of its property, together with the dates and amounts thereof.

9. a. The total length of lines or routes over which the company transports such merchandise, freight, or express.

b. The total length of such lines or routes as are outside of the state.

c. The length of such lines or routes within each of the counties, townships, and assessment districts within the state.

436.4 Additional statements.

Upon the filing of such statements, the director of revenue and finance shall examine each of them, and if the director shall deem the same insufficient, or in case the director shall deem that other information is requisite, the director shall require such officer or agent to make such other and further statements as the director may require.

436.5 Failure to furnish.

In the case of the failure or refusal of any company to make out and deliver to the director of revenue and finance any statement or statements required by sections 436.3, 436.4, and 436.6, such company shall forfeit and pay to the state one hundred dollars for each day such report is delayed beyond the first Monday in March of that year, to be sued and recovered in any proper form of action in the name of the state, on the relation of the director of revenue and finance, and such penalty when collected shall be paid into the general fund of the state.

436.6 Assessment--additional statements--hearing.

On the second Monday in July of each year, the director of revenue and finance shall value and assess the property of such company, in the manner hereinafter set forth, after examining such statements, and after ascertaining the actual value of the property of such company therefrom, and from such other information as the director may have or obtain. For that purpose the director may require such company, by its agents or officers, to appear before the director with such books, papers, or statements as the director may require additional statements to be made by such company, and may compel the attendance of witnesses, in case the director shall deem it necessary, to enable ascertainment of the actual value of such property. Any such company interested may, upon written application, appear before the director at such meeting and be heard in the matter of the valuation of the property of such company for taxation.

436.7 Actual value--how ascertained.

The director of revenue and finance shall first ascertain the actual value of the entire property owned by said company, from said statements or otherwise, for that purpose taking the aggregate market value of all shares of capital stock, in case said shares have a market value, and, in case they have none, taking the actual value thereof or of the capital of said company, in whatever manner the same is divided, in case no shares of capital stock have been issued; provided, however, that in case the whole or any portion of the property of said company shall be encumbered by a mortgage or mortgages, the director shall ascertain the actual value of such property by adding to the market value or the aggregate shares of stock or to the value of the capital, in case there shall be no such shares, the aggregate amount of the market or cash value of such mortgage or mortgages, and the result shall be deemed and treated as the actual value of the property of such company. The director shall, for the purpose of ascertaining the actual value of the property within the state, next ascertain from such statements or otherwise the actual value of the property, both real and personal, owned by the company; and which is used exclusively outside the general business of the company, and also the actual value of that part of its property, if any, without the state which cannot lawfully be considered in determining the mileage value of its route; and the aggregate of such values shall be deducted from the entire actual value of the property as above ascertained. The director shall next ascertain and deduct the actual value of the sea or ocean routes of any such company, and in ascertaining the same may take into consideration the earnings, both gross and net per mile, of such sea or ocean routes, as compared with the earnings, gross and net, of the land routes of such company, or may ascertain their value in any other practicable manner, and may require that the reports heretofore provided for shall show such earnings. Thereupon the director shall ascertain the actual value of the property of such company within the state, and for that purpose may take into consideration the proportional value of the company's property without and within the state, and shall take as a basis of valuation of the company's property in this state the proportion of the whole aggregate value of the property of said company, as above ascertained, after making the deductions above provided for which the length of the routes within the state bears to the whole length of the routes of such company other than sea or ocean routes, and such amount so ascertained shall be considered and taken to be the entire actual value of the property of such company within the state. From the entire actual value of the property within the state so ascertained, there shall be deducted by the director the actual value of all the real estate, buildings, machinery, appliances, and personal property not used exclusively in the conduct of the business within the state that are subject to local taxation within the counties, townships, and other assessment districts as hereinbefore described in section 436.3, subsection 6.

436.8 Actual value per mile--taxable value.

The director of revenue and finance shall thereupon ascertain the value per mile of the property within the state, by dividing the total value as above ascertained, after deducting the specific properties locally assessed within the state, by the number of miles within the state, and the result shall be deemed and held to be the actual value per mile of the property of such company within the state. The assessed or taxable value shall be determined by taking that percentage of the actual value so ascertained, as is provided by section 441.21, and such valuation and assessment shall be in the same ratio as that of the property of individuals.

436.9 Assessment in each county--how certified.

The director of revenue and finance shall thereupon, for the purpose of determining what amount shall be assessed to said company in each county of the state through, across, into, or over which the route of said company extends, multiply the value per mile, as above ascertained, by the number of miles in each of said counties, as reported in said statements, or as otherwise ascertained, and the result thereof, with the mileage and the rate of assessment per mile, shall be by the director certified to the auditors respectively of the several counties through, into, over, and across which the routes of said company extend.