Terms Used In Iowa Code > Chapter 437B - Taxes On Rate-Regulated Water Utilities

• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Capital lease: means a lease classified as a capital lease under generally accepted accounting principles. See Iowa Code 437B.2
• Centrally assessed property tax: means property tax imposed with respect to the value of property determined by the director pursuant to Iowa Code 437B.2
• clerk: means clerk of the court in which the action or proceeding is brought or is pending; and the words "clerk's office" mean the office of that clerk. See Iowa Code 4.1
• Consumer: includes any master-metered facility even though the water delivered to such facility may ultimately be used by another person. See Iowa Code 437B.2
• Contract: A legal written agreement that becomes binding when signed.
• Delivery: means the physical transfer of water, excluding nonrevenue water, to a consumer for sale. See Iowa Code 437B.2
• Director: means the director of revenue. See Iowa Code 437B.2
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: means a contract between a lessor and lessee pursuant to which the lessee obtains a present possessory interest in tangible property without obtaining legal title in such property. See Iowa Code 437B.2
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Local taxing authority: means a city, county, community college, school district, or other taxing authority located in this state and authorized to certify a levy on property located within such authority for the payment of bonds and interest or other obligations of such authority. See Iowa Code 437B.2
• Local taxing district: means a geographic area with a common consolidated property tax rate. See Iowa Code 437B.2
• Major addition: means any acquisition on or after January 1, 2012, by a taxpayer, by transfer of ownership, self-construction, or capital lease of any interest in any of the following:
   (1) A building in this state where the acquisition cost of all interests acquired exceeds ten million dollars. See Iowa Code 437B.2
• master-metered facility: means any multi-occupancy premises where units are separately rented or owned and where individual metering is impractical, where the facility is designated for elderly or handicapped persons and utility costs constitute part of the operating cost and are not apportioned to individual units, or where submetering or resale of service was permitted prior to 1966. See Iowa Code 437B.2
• month: means a calendar month, and the word "year" and the abbreviation "A. See Iowa Code 4.1
• Nonrevenue water: means the difference between the total number of gallons of water carried through the water utility's distribution system and the number of gallons of water delivered to consumers using the water utility's distribution system. See Iowa Code 437B.2
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Operating property: means all property owned by or leased to a water utility, not otherwise taxed separately, which is necessary to and without which the water utility could not perform the activities of a water utility. See Iowa Code 437B.2
• Person: means any individual, firm, association, partnership, joint stock company, joint adventure, corporation, trustee, agency, or receiver, or any legal representative of any of the foregoing. See Iowa Code 453A.42
• personal property: include money, goods, chattels, evidences of debt, and things in action. See Iowa Code 4.1
• Personal property: All property that is not real property.
• property: includes personal and real property. See Iowa Code 4.1
• real property: include lands, tenements, hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Iowa Code 4.1
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Replacement tax: means the excise tax imposed on the delivery of water under section 437B. See Iowa Code 437B.2
• Sale: means any transfer, exchange, or barter, in any manner or by any means whatsoever, for a consideration, and includes and means all sales made by any person. See Iowa Code 453A.42
• Service area: means the geographical area within this state to which the water utility delivers water and related services. See Iowa Code 437B.2
• state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
• Subpoena: A command to a witness to appear and give testimony.
• Tax year: means a calendar year beginning January 1 and ending December 31. See Iowa Code 437B.2
• Taxable value: means as defined in section 437B. See Iowa Code 437B.2
• Taxpayer: means a water utility or other person subject to the replacement tax imposed under section 437B. See Iowa Code 437B.2
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• United States: includes all the states. See Iowa Code 4.1
• Use: means the exercise of any right or power incidental to the ownership of tobacco products. See Iowa Code 453A.42
• Utilities board: means the utilities board created in section 474. See Iowa Code 437B.2
• water treatment plant: means buildings and equipment used in that portion of the potable water supply system which in some way alters the physical, chemical, or bacteriological quality of the water. See Iowa Code 437B.2
• Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.
• year: means twelve consecutive months. See Iowa Code 4.1