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 Water Treatment Plant, commissioned in 1940 to soften Equus Beds water, and expanded in later years, gave the city a high quality supply.
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ten years if, in the ninth year, the city decided to condemn the company property. The franchise agreement would be cancelled after court condemnation proceedings, even if bonds paying for the purchase failed to pass a public vote. The city could initiate action to buy the company through negotiation at any time after the first year, but automatic termination upon demand was possible in the tenth year. The agreement formed a compromise between the company's desire for a 20-year franchise and the city's push for one of ten years or less. The franchise as agreed upon was virtually the same as the one presented to the public in the earlier session, when term was the primary issue.
As was offered previously, the company would pay the city ten dollars per million gallons of water delivered to the distribution system, in addition to paying the set fee of $615 per month. Based on 1941 consumption figures, the total was estimated at $40,000, or enough to pay for bond and operating expenses when added to the revenue collected from the surcharge. The terms of the contract also provided that there would be no rate increases for at least two years.
At the October 19 meeting of the city commission, the franchise was officially placed on first reading, passing unanimously. It was not too soon, since the franchise ran out later in the month. Because of the requirements for approval, an intermim contract was needed to insure fulfillment of all of the responsibilities. Some 80 days would be required before the new franchise came into effect. On the 22nd, the old franchise would expire. After a second and third reading the franchise then had to be published three times before officially becoming law. Even then, 60 days would be needed before the contract would actually become effective. An interim agreement was passed including the same provisions of the franchise under which the company would operate until the actual contract could be enforced.
The controversy was not totally over, however. On the 26th, A.V. Roberts, a Wichita attorney representing the League of Women Voters, spoke to the commission, suggesting that the franchise be limited to five years instead of the proposed twenty. But the commission ignored his plea and placed the ordinance on second reading.
An additional option for buying the company emerged as well. On October 23 the American Water Works and Electric Company, the parent firm, offered the city the option to buy the Wichita Water Company's common stock, as another method to obtain control. Most likely this was offered to ensure that the city officials would remain sincere in their efforts to extend the franchise. On the 29th the commission voted to accept the option, paying ten dollars as a nominal fee indicating the acceptance. This gave the city three methods of purchase when combined with the condemnation or arbitration route. Under the stock purchase option, the city would buy the company outright based on a valuation as of December 31, 1940, plus additions or improvements, less depreciation and property abandonment. The offer would run for either 20 years or the duration of the franchise, whichever was less. The commission was informed by the city attorney that state law prohibited the city from purchasing stock but that appropriate legislation would not be difficult to obtain if the city chose that alternative. Years later this option would become a major area of contention between the city and the company.
The new franchise was finally placed on third reading on November 2, officially passing as Ordinance 13-520. Following the necessary publication it was ready to be implemented. The city would be responsible for treating and delivering the water to the company, which then was responsible for distribution to the consumer, at a price and in a manner approved by the city. The actual process had already been implemented in the interim contracts, but finally, after long battles, the decision was formally made. At least for a while, the issue was at rest.
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