City of Wichita - Chapter 5 Page 66
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Portrait of James L. Gardner
James L. Gardner,
mayor
1958-1959.

Portrait of John S. Stevens
John S. Stevens,
key figure in water issue in 1950's,
mayor
1966-1967.

The most important bill, allowing the city to contract with the federal government on the Cheney project, proceeded relatively swiftly through all levels. The House unanimously approved HR 77 on February 6, one of the first to pass through the House. It was not specific to Wichita, but rather allowed all Kansas cities which owned their own water supplies to make arrangements with the federal government for reimbursement of the cost. Therefore, Wichita could pay its portion over a 40-year period. The Senate passed the bill on March 13, and soon after Docking signed it into law. During the same period, a bill which would allow Wichita to convert the $9.7 million in temporary notes to revenue bonds to pay for the 66-inch line, the expansion of the treatment plant, and the 20 new water wells, became law as well following Docking's signature in the middle of March. Two other bills of interest to the city became law in the end of March. One allowed the city's water utility to make payments in lieu of the taxes which the company had paid to the city's four taxing bodies and the second permitted the city to extend its water mains outside the city limits. The only bill which involved the water situation which had not been officially acted upon was one to give the city the right to enter into a management contract with the company.

It was during this time that a major change occurred in city government. While the implementation of the water policy was relatively smooth, other areas were not, especially annexation controversies and the sewage problems. As a result, the City Commission election became very important. Mayor Howse and Commissioners James Gardner and Baird would continue their terms, while those of Claude DeVorss and Lester were up for election. The issues of the campaign surrounded past commission policies and often rested on the actions of Mayor Howse. Candidates consistently argued that the city manager should be allowed more authority as compared to the "one-man dictatorship" of Howse. The elected returns showed the victories of John Madden and John S. Stevens, two staunch "foes of city hall policy," who replaced DeVorss and Lester. (Beacon, 4/13/57). A new majority had been created.

Although the commissioners had changed, the problems remained the same. During 1957 the drought had been broken with above normal rainfall, helping to recharge the Equus Beds. The unusual four-year drought which had significantly affected the decisions of the past had less than a two percent chance of recurring, according to a Black and Veatch study. With the rainfall and the initiation of new projects, the crisis lessened considerably. Emphasis turned to the sewer issue, a major thorn in the city's side. This combined to bring about a change in city policy which had various ramifications on the water policy.

It did not take long for the newly-elected commissioners to make an impact. The bill to validate the city's management contract with the Water Company had been introduced into the Kansas legislature early in 1957. Opposition developed, spurred on by a telegram from Baird, Madden, and Stevens to Wichita legislators. As a result, the bill was amended in April to allow managerial contracts between a city and a private concern, but only after the effective date of the bill. The signed contract was now voided.

As the new commissioners took office on April 9, they immediately affected city policy, with the Eagle headlines on April 9, 1957, proclaiming, "New Commission Votes Sweeping City Changes," as the new commission "began ripping city government apart and putting it back together again." In contrast to election customs, the past president of the commission was not elected mayor. Instead, Baird, who had been the sole minority on many past actions, was elected mayor by a 3 to 2 vote. Baird voted for himself, another breach of custom, because Howse and Gardner would not. Throughout that first meeting, actions were passed 3 to 2 with Howse and Gardner on the minority and a capacity audience applauding the new commissioners and laughing at the defeat of the old power. Many positions of the past commission were reversed. One 3 to 2 vote calling for an ordinance to de-annex the North End Industrial District was presented and passed quickly.

Portrait of Andrew Schoeppel
Andrew Schoeppel,
Kansas senator.

With the new commission also came a greater distrust of the Cheney project. Baird had led the fight against it in 1956 and Stevens came out in the campaign against the project and in favor of the defunct Water Company proposals. No action was taken on the Cheney feasibility report, partly because of that attitude. According to Howse's recollections of the events, "During the period April 12, 1957, to May 21, 1958, and as has been publicly stated for the record by the secretary of interior, the assistant secretary of the interior for water resources, the commissioner of reclamation, Kansas Senators Schoeppel and Carlson, and Congressman Rees, no action was taken on the project feasibility report on the Cheney project because of: 1) antics of the City Commission; 2) protests from residents of the reservoir area; and 3) adverse comments of individual Wichita city commissioners, made personally and to federal officials and members of the Kansas Congressional delegation." (Howse Interview).

In April, some progress on the expansion effort was noted when Robert Morton, the special water counsel for the city, informed the commission that there were no legal impediments that necessitate further delay in obtaining federal funds for the city's program. Over a million dollars in federal monies were available for the city's expansion into the Equus Beds, however all but $415,500, which had been received in 1952 for the treatment plant, had been held pending settlement of the court cases. Morton concluded that litigation had been successfully concluded and recommended the bonds be used for 20 new wells in the area to be connected with the new 66-inch line. He also recommended proceeding with installation of 20 wells even though the water application of 1952 had not been granted yet. City Manager Backstrom made application for the $1,374,500 on May 2, with plans and specifications for the wells from Black and Veatch to follow soon after for approval. Shortly after, 14 more suits were filed in district court over condemnation awards for laying the 66-inch pipeline, but the application was still being processed. While the litigation was working out for the city, its purchase of the company began to be questioned. In order to buy the company, the revenue bonds which had been authorized in the November 1956 election had to be sold, and the decision had to be made quickly since the $6,587,000 in temporary notes used for the 66-inch line and the treatment plant expired on June 14. By that date, the revenue bonds needed to be sold to convert the notes. On May 7, however, the City Commission "disapproved a proposed schedule for issuing revenue bonds to finance purchase of the Wichita Water Company." (Beacon, 5/7/57). Even though the manager reminded the commission of a signed contract to take over the company by November 1, both Madden and Stevens wanted more information before approving a bond sale. Madden even hinted that voters might get an opportunity to rescind the action on the purchase. Madden asked S.H. Ranson, chairman of the city's financial advisory group, if such an election could be held, but Ranson said it was a legal matter. Backstrom claimed the city was obligated to proceed with financing in order to meet the contract, but to no avail. The proposed revenue bond sale schedule presented by Ranson included $30 million for purchase of the Water Company, $1.6 million for extensions made after July 1956, and $9.7 million to convert the temporary notes, with completion of the sale to be made by August 20. After hearing of the commission's question, J.J. Barr, president of the American Water Works, Inc., claimed the company would have only one course to take if the city tried to rescind the contract, which would be to insist on specific

Cover of Water History book

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