This action prompted steps leading toward a formal decision on a water system. An article on waterworks was read at the council meeting on February 24, 1880, without any action taken. But on February 28, a businessman, Mr. Sears, approached the council, speaking "at length, relating to the introduction of waterworks into the city." The council requested him to submit a formal written proposition for the next meeting. (City Council Minutes).

Sears and another businessman, Mr. Inland, who was also working on getting a gas works in the city, submitted a waterworks proposal to the council on March 2,1880. The proposition was deferred to the March 11 meeting when it was fully discussed by the council. Along with the Sears and Inland proposal, a communication from C.E. Grey of St. Louis offering to establish a system was also read. Councilman Milo Kellogg suggested an organized approach, saying that if the city decided to have waterworks, it should "have a competent engineer make an estimate of what works we need; amount of power, number of miles of pipe, and size and number of hydrants; then send an advertisement of these to different companies doing such work, and invite bids for the same. In this way we will get what we require, and at the lower price." (City Council Minutes). His suggestion, although not followed on this occasion, described a method the city would use throughout its history in developing new projects. The council at the time simply discussed the matter, with suggestions from the new committee on waterworks, but, again, no action was taken.

With attention turned toward the possibility of acquiring a waterworks for fire protection, the city also began to focus on the quality of the water available for consumption. By June 28, 1880, the Health Committee, under Chairman Emerson McAdams, reported on the water uses in the city. Following a discussion of the city's sanitary conditions, the council decided to have the water analyzed.

The pressure to investigate the water had begun years before when the town was developing. An editorial in the Beacon newspaper in 1877 made an initial suggestion, "Some complaint is heard relative to the quality of the water used in this city. We suggest that some of our doctors or chemists, if we have any of the latter, make an analysis of the water to ascertain if it be healthy or otherwise. It may be that the impurities in the water we daily consume are responsible, to a large degree, for the present unhealthy condition of the city. Pure water is a prime factor in the problems of health, and pure water can be obtained if we go deep enough, and we should go for it by all means. The city authorities should be the conservation of the health, as well as the quiet and morals of the community."

A committee labeled the "waterworks committee" was appointed to study the issue, with Mayor Greiffenstein, who had been voted out in April of 1879, and then back in to fill an unexpired term in September, appointing McAdams, Harris and Zimmerly to the committee. The Health Committee, reporting on the cost of conducting the water analysis, on August 9, 1880, presented a two-volume report which the committee had collected for examination for sanitary purposes. According to the report, the city would have to pay $25 for ten samples and, for a complete quantitative analysis, $10 per samples. The report was accepted, with the samples given to McAdams for testing. However, it was not until August 25, 1880, that authorization was given for testing the water for waterworks.

The committee reported its conclusions on the water situation in the city on October 11, 1880. The report read, "That after collecting samples of water and having them analyzed we find that the deeper the wells are driven, the purer the water, from the experiments we have made. We recommend that all the wells in the city that are used for domestic purposes be driven down to 30 or 35 feet where pure water can be obtained. We also report that the petition of businessmen of the city, asking for waterworks on some economical plan, be placed on file for future reference, as we do not deem it advisable to erect waterworks at this time." (City Council Minutes).

This episode leading to the decision against building a water system for the city was only one of many controversies in its history. Water would play a significant role in the development of Wichita as it fought to obtain a water supply sufficient to meet its needs. Many times it will be seen that city officials repeated actions that had been taken in the past or ignored previously-obtained facts. By understanding what has happened in the past, it may be possible to avoid mistakes and improve preparation for the future.

No official action was taken by the city for nearly two years, but the committee on waterworks became a standing committee and continued to investigate the matter. Greiffenstein appointed J.L. Dyer, Zimmerly, and Harris to the committee on April 18, 1881. Through 1881 the businessmen of the community pushed strongly for a waterworks to safeguard their own trades as well as to attract new businesses. The committee continued to look into the options. Finally, in 1882, an agreement was made with a company with an interest in constructing a waterworks system. The approach suggested by Kellogg years earlier was again ignored, but instead a businessman, James A. Jones from St. Louis, agreed to work with the city. Although there is no explicit evidence to this fact, the actions in the case tend to show that the Wichita businessmen approved of the offer because they were able to become involved in its management. By whatever means, an ordinance was prepared and on September 18, 1882, Mayor Greiffenstein called a special meeting of the City Council 'to hear and consider propositions for erecting waterworks" in Wichita. At the special session, Ordinance 266 was recommended by Zimmerly, Dyer, and Fred Smyth of the Waterworks Committee. The strong support of the ordinance by businessmen led to its unanimous approval, after being read by sections and amended in several places. The title read, "An Ordinance to Provide for a System of Waterworks for the City of Wichita for Domestic, Sanitary, and Other Purposes." The ordinance gave a 40-year franchise to Jones, providing to him and his "associates, successor or assign...the right of way, along the streets and alleys, the privilege to construct, operate, and maintain a system of waterworks in the corporate limits of the City of Wichita for supplying the city and citizens with water for domestic and sanitary purpose, as well as for the better protection of the city against disaster from fire." The crucial step had been taken. (City Council Minutes, Ordinance Books).

A minor technicality made a special session necessary on September 19. The enacting clause of the ordinance had been written, "Be it ordained by the City of Wichita," instead of in the proper legal form, "Be it ordained by the Mayor and Councilmen of the City of Wichita." The necessary minor correction was made, and the amended ordinance passed and was signed on September 19.

Jones filed an acceptance of the franchise on September 29, but a problem arose when he informed the council that he would be unable to meet a condition of the franchise calling for iron pipes. Instead, he sought approval for wooden pipes. The council met on November 15th to consider the matter. The Waterworks Committee had investigated and presented three telegrams demonstrating that wooden pipes in other cities had given entire satisfaction. Hearing the committee's report, the council accepted the new conditions and published the ordinance. Ordinance 268 was subsequently passed amending Ordinance 266 to require a 150-foot rather than 100-foot standpipe in order to guarantee sufficient pressure in the mains.

The franchise ordinance, 266, was published in the Wichita City Beacon on November 22, 1882, officially becoming law. It laid out the rights of the new company in constructing the system and described the general plan including at least eight miles of mains and two pumps capable of pumping 1,500,000 gallons every 24 hours. Another provision specified that, after completion of the system, the city could at any time, with six months notice, buy the system for its own operation. After ten years, if the option had not been taken, then every five years thereafter the city could buy. The purchase price would be determined by a valuation of three disinterested parties, one chosen by the city, one by the company, and one chosen by the other two. When a valuation was determined by a majority of the appraisers, the city would pay the company within three months. This provision would become very important in the years ahead. The city was also allowed to order extensions of mains, laterals, and additional hydrants with agreed-upon rates.

One section which was, of course, very important to the citizens was the schedule of water rates that would be charged. The firm's best customer was the city, which agreed to pay $4,000 a year for the use of 60 double-discharge fire hydrants installed along the mains. Individuals and businesses could hook up to the system for various fixed annual rates, ignoring water consumption. For a residence with up to six rooms, the cost was $6.00 a year, with an extra 50 cents for each additional room. A private bath cost $2.50 in a residence house or $8.00 at a boarding house, and lawn sprinkling added at least $8.00 to the bill. Businesses were charged according to their lines of work. For example, barbers paid by the chair, $5.00 for the first one and $2.50 for each additional one; banks paid $8.00; and barrooms paid from $10 to $30, depending on the size. Along with these, other specifics included $1.50 for each horse or cow owned by a customer. There was also a meter rate in the first ordinance, but only for big customers, paying two cents per 100 gallons for over 10,000 gallons per day.

The ordinance also called for testing upon completion of the project, requiring that the works shoot six streams of water through 50 feet of 2 ½ inch hoses with 1 inch-nozzles for a height of 80 feet. If the water