City of Wichita - Chapter 3 Page 31
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Cover of Water History book

Water Utilities
City Hall, 8th Floor
455 N. Main
Wichita, KS 67202


Leaving City Of Wichita Website

Portrait of W.J. Babb
W.J. Babb, mayor
1913-1914.

periodically about the issues, negotiations did not begin again for nearly six years. Why the council held the vote in the first place is an interesting question. The vote had no legal standing and voters were neither educated for or against the issues, but instead given three choices. It was unclear whether the council ever intended to act on the voters' decisions.

An editorial by the Eagle shortly after the vote made clear that the issue was not finished. It claimed, "For the very reason that the results of the special election had been very generally anticipated, and because no feature of the balloting produced any very shocking surprises, the problems involved are by no means settled. The question of a water supply, for example, resembles the old labryinth of mythology, or the boxwood images of English formal gardens. It is a question full of turns, blind alleys, apparent exits, and obstacles. It is a question, however, which must be solved. In some feature it is a sort of elimination contest. Gradually, the various suggestions for softer water will drop out, leaving a clean field for some definite policy.

"It is now apparently up to the city officials to find out whether Wichita might secure an adequate supply of soft water. Then will come the opportunity for citizens to express themselves whether they want to invest in it." (Eagle, 12/14/11).

Work continued into the investigation of new water sources. On November 15, 1911, Dickson wrote Erasmus Haworth, state geologist from the University of Kansas, requesting his assistance in finding a new water supply for Wichita. Then, on February 12, 1912, the City Commission authorized the mayor and Water and Lights Commissioner R.B. Campbell to work with Haworth to have the water analyzed. His reports of the samples led to the city obtaining test wells in mid-1912. After a number of delays, Wichita was prepared to move forward with the project, and on December 18, 1912, City Engineer Bert Wells submitted a cost estimate for drilling test wells northwest of the city. Worley submitted a bid on January 6, 1913, for $381.25 per well and was awarded the contract on January 22, eventually drilling three wells. All of these investigations failed to produce any concrete action, but did result in the recommendation that water be impounded, treated, and transported from the area northwest of the city. Following the tests, soft water investigation was dropped for a time. In a letter to the council dated July 28, 1913, Campbell called for finding a soft water supply at the earliest practical date, and bringing it up for a vote. However, little was done on either the soft water investigation or ownership of the water plant until 1917.

A variety of ordinances were passed relating to water rates as the commission tried to get the company to lower its charges. On September 20, 1915, Ordinances 5227, 5223, and 5231 were passed. The first set meter rates: 18 cents per thousand gallons per month for the first 25,000, 17 cents per 1000 for the next 25,000, 15 cents per 1000 for the next 25,000. The second limited the charge which could be made for sprinkling with a 3/4-inch hose and 1/8-inch nozzle at not to exceed $5 per eight-month season for each 50 feet of property. And the third established that a minimum charge could not be more than 50 cents per month.

Masonic Home after fire
Aftermath of a disastrous fire at the Masonic Home.

In 1917, the city changed to a city manager form of government. And with the change, renewed efforts to purchase the plant began.

On November 7, 1917, City Manager Louis Ash was authorized to reopen negotiations with the water company in order to establish and fix the valuation of the property. At the same time, the commission declared its intention to buy the property, as it was required to do, at least six months before the purchase, according to the terms of the franchise.

Each side was to appoint one appraiser. These two then would appoint a third. The Water Company appointed William Wheeler of Boston on December 27, 1917, but the city's representative was not appointed for several months. In a letter to E.C. Elliott, Water Company vice-president and superintendent, dated February 6, 1918, City Manager Ash asked the company to proceed with the inventory of property while waiting for the city's appointment. But problems developed between the city and company before the appraisers could perform the evaluation. The difficulties climaxed in a resolution passed by the City Commission on April 23, 1918, which closed negotiations, stating "that all negotiations regarding the matter are terminated and that no further negotiations are to be made due to the fact that the water company and its representatives have sought to and are now seeking to mislead the said city, its Board of City Commissioners and the city manager, to the prejudice of the rights of the city." (City Commission Minutes).

Once negotiations broke off, the company claimed the city had elected to purchase the plant and that the subsequent negotiations amounted to purchase, which the city denied. Soon after, the company took the city to court seeking to compel the purchase. Actually the company was trying to force the issue to allow its franchise to be renewed, since it would expire in 1922.

Two men working on boilers
Corwin Andrews and Lee Mayer tend the massive boilers which powered cross-compound, triple-expansion steam pumps delivering water to the community.

Because no agreement could be reached, the issue went before Federal Judge John C. Pollock. Few guessed the case would last three years. Pollock initially sided with the company, holding that the proceedings amounted to a purchase obligating the city to purchase at a price to be determined by John E. Dean who was appointed by the judge on May 26, 1919, to perform the valuation.

The city appealed Pollock's ruling to the Circuit Court of Appeals, where it was decided that the appeal was premature since final judgment with a fixed value had not yet been determined. The case then returned to Pollock’s court and in the summer of 1920 Dean returned his report fixing the value of the plant at $1,600,000 as of December 1, 1917.

Neither side was satisfied and both filed exceptions to the report. While the city felt the value was too high and the company claimed it was too low. Pollock overruled all exceptions but one relating to the valuation's not including the cost of cutting and replacing pavement over the mains. Dean then returned with a supplementary report establishing a new value of $1,974,681.64, adding $380,000 for the cost of pavement cuts which had not existed when the mains were laid. Once again, both sides filed exceptions. The company claimed it was still too low, claiming it had a minimum value of $2,700,000, while the city felt it was too high, having a maximum value of $1,500,000. On March 23, 1921, Pollock overruled all of the exceptions of both parties and approved Dean's finding. The city had finally purchased the company. Before further action was taken, City Manager L.W. Clapp gained approval from Pollock to inspect the

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