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thereunto duly authorized by law shall purchase by voluntary agreement <br />or shall condemn and take under the power or eminent domain, all pro- <br />perty actually used and useful in the exercise or said franchise and <br />situate in the territorial limits or the state, municipal or public <br />corporation purchasing or condemning such property, or until said <br />franchise shall be forfeited for non- compliance with its terms by the <br />grantee. <br />Section 4. The grantee or said franchise shall during the <br />term thereof pay to said city a sum annually which shall be equivalent <br />to two per cent or the gross annual receipts or said grantee arising <br />from the use, operation or possession or said franchise; provided, <br />however, that such payment shall in no event be less than a sum which <br />shall be equivalent to one -half per cent of the gross annual receipts <br />derived by grantee from the sale or electricity within the limits or <br />such city under said franchise and said constitutional franchise. <br />Section 5. The grantee shall rile with the Clerk of said <br />city, within three months after the expiration or the calendar year, <br />or fractional calendar year, following the date or the granting here- <br />of, and within three months after the expiration or each and every <br />calendar year thereafter, a duly verified statement showing in detail <br />the total gross receipts or such grantee during the preceding calen- <br />dar year, or such fractional calendar year, from the sale of electri- <br />city within said city. Such grantee shall pay to said city within <br />fifteen days after the time for riling such statement, in lawful money <br />or the United States, the aforesaid percentage or its gross receipts <br />for such calendar year, or such fractional calendar year, covered by <br />such statement. Any neglect, omission or refusal by said grantee to <br />file such verified statement, or to pay said percentage at the time <br />and in the manner specified, shall be grounds for the declaration or <br />a forfeiture or this franchise and or all rights or grantee hereunder. <br />Section 6. This franchise is granted under the Franchise <br />Act or 1937. <br />