New developments occurred a week later, on October 5, in what the Eagle called "one of the most hectic sessions held by the commissioners for years." Commissioner Herman A. Hill introduced a resolution calling for negotiations to be reopened with the Water Company to extend the present franchise to 20 years so as to secure a soft water plant. Commissioner Harry Cottman seconded the motion, and Commissioner Fred Horn said he would support it, providing a majority for passage. But parliamentary maneuvering was able to prevent it from coming to a vote.

In debating the resolution, Hill said he had decided it was not the time to have the city build its own plant, and that the Wichita Water Company should be allowed to take on the task. He specified that while he favored municipal ownership, extending the franchise would not hurt the city since it could purchase the plant at any time under the terms of the agreement, and that the action was necessary since the company would not build without the extension. In addition, he argued, the workers of Wichita needed the jobs, the resources of the company would allow it to build the plant at less cost that the city could and it would keep faith with the people who wanted soft water. He also explained that the resolution would not bind the city to the company's terms, so that if suitable terms could not be reached, the commission would still be able to keep face with the citizenry by taking other actions.

Commissioner Lawrence, a former mayor, vehemently attacked the resolution, charging that the push for an extension of the franchise, and talk that bonds could not be sold without the change, was all a smoke screen and a subterfuge on the part of the company to get a franchise granting it more power. He claimed the city would be at the mercy of the company with an extension of the contract and that the current terms already favored the company. He would never vote for such a resolution, he said. Past experience indicated that the option to buy the franchise was not nearly as simple as it appeared, especially if the company was not willing to sell.

When the majority attempted to call the motion to a vote, Mayor Nighswonger, chairman of the meeting, refused to acknowledge the motion and thus blocked its passage. This, of course, created quite a stir, but the mayor demonstrated his support for Lawrence and would not be persuaded to change his position. More debate ensued.

The objection was raised that the action specified in the resolution could be binding, meaning the commission would have to extend the franchise. A.V. Roberts, the city attorney, supported that opinion. He also declared the clause in the existing franchise allowing the city to purchase the company whenever it desired to be meaningless. As a result, the resolution was eventually discarded in favor of a motion that the city manager start negotiations with the Water Company on a new soft water supply, with the proposed extension of the franchise omitted. Hill refused to let the matter rest as he claimed that, if the clause to purchase the company was meaningless, he was even more in favor of a new franchise. At that point, Wells gave copies of the infamous clause to the commissioners, apparently suspecting the issue would arise. No agreement was reached on the matter, however, and the new motion never came to a vote.

A compromise was eventually reached. Mayor Nighswonger suggested arranging another meeting between the commission and the company officials. Wells asked for definite instructions as to what was wanted, and the commission decided that Evans, the local attorney for the company, was the man to approach first. The legal department was instructed to meet with him to determine what sort of franchise agreement would be drawn up, then the officials would be invited for another conference. This motion finally passed, keeping the soft water matter alive in Wichita.

City Hall was not the only body concerned with the outcome. On October 7, 1931, the Chamber of Commerce issued a formal statement favoring the extension of the franchise to 20 years to allow implementation of the soft water plan. The statement, signed by President Watkins, said that the extension would in no way harm the city and would be the cheapest and most effective method for obtaining the desired supply of water by having the company build the plant.

City Attorney Roberts held a conference with the Water Company officials on October 9, reporting to the City Commissioners at their meeting three days later. He outlined points which he felt needed to be changed in granting a new franchise which included allowing for depreciation when determining the purchase value of the Water Company property and striking a clause requiring a trust fund to guarantee the company an eight percent return on its investment. Another proposed change would require the firm to become a Kansas corporation, thereby keeping its books and records in Wichita, under close city scrutiny. The company was not in agreement with any of the proposed changes. Disagreements occurred over other items as well, such as the price for line rentals, which the city thought was too high at 16 cents per foot.

Water Company officials were present for Roberts's report, which initiated an hour long debate on the requirements and responsibilities of the company. The company wanted the franchise to be extended without changes, and with the added provision that rates could be increased 45 percent to pay for the new plant. On the other hand, the city refused to make the extension without changes. On this issue, the commission had regained its consensus. The meeting deadlocked and the discussion was postponed until a special session scheduled on the 16th.

A private meeting was held on that date in an attempt to reconcile differences between city officials and Biggs and Clarence Dickey, a member of the company's legal department. The company refused to alter its position and would not provide any revenues for building a plant. In response, the City Commission refused to grant the requested franchise extension. A compromise measure was passed which had been discussed previously. The city proposed to build the softening plant, using water from above Sullivan's dam, and have the water company distribute it. This was an alternative which the paper had previously described as unworkable, but since no alternative was apparent, it became the primary option.

Under the proposal, bonds would be issued at 4 1/2 percent interest to pay for the project, which would allow for a small increase in water rates to retire the bonds. After 20 years the rates would theoretically drop back to the existing levels. This option met one of the major objections to the company's plan that there would be no guarantee that its 45 percent rate increase would be reduced once the plant was paid for.

Taking over the entire system was considered unwise by the city attorneys since it was doubtful the company could be forced to sell, due to loopholes in the franchise. Attempts in the past had certainly proven this correct. In addition, another court fight over valuation would inevitably arise, with the company insisting on the appraised value of the replacement parts, while the city would demand that depreciation be taken into account. Because of a desire to avoid these complications, a joint operation was considered. Only a few months earlier, the city officials had been quoted as saying such a division of responsibility would not be good, but political realities had changed their perspective. On October 19, 1931, a resolution passed calling it a public necessity to get water from the Little Arkansas River or the Equus Beds and called for a special election to issue bonds for the city to build a new $1,000,000 waterworks plant.

The special bond election was scheduled for December 8, 1931. City Manager Wells fired up the city's campaign to back the bond issue on October 16 when he spoke before the West Wichita Community Council and members of the news media for more than an hour, going into full detail about the plan. As the Eagle described it, he spoke first "of the vast importance of water; of its necessity to life; how it occurs upon the earth; its functions; and finally, of its importance to cities.... He told of many plans adopted by various cities to secure an adequate water supply; and declared the water problem...one of the most important confronting any municipality." (Eagle, 10/17/31).

Wells stated that all but a handful of Kansas cities owned their own water plants, over 100 were municipally owned, and the existing plant, valued at $3.5 million, could be bought by the city at a cost of $140,000 a year at four percent interest, while the Water Company would require $280,000 annually to meet profit demands. Wells strongly supported total municipal ownership and outlined the history of the soft water