With the new system under construction and the franchise scheduled to run out in 1942, the Water Company asked the commission in early 1939 for an extension of the franchise, hoping that early approval could be obtained. Many questions were asked about the extension, especially by Mayor Corn who asked why it was being brought up so early. Due to the negative reaction, the company quickly withdrew its request. On January 16, 1939, Commissioner Israel moved that the city manager be instructed to hold all franchise discussions in open meetings, but the motion failed as Commissioners T. Walker Weaver and H.D. Cottman voted no. No concrete steps were taken on the subject for a few months, but it became a central issue in the April election.

On April 4, 1939, the election of three City Commissioners serving four-year terms was held. It was an important vote which would determine the majority on the five-member board. With all that was happening about the water situation, the election campaign became completely entangled in the issue.

The proposed new Water Company franchise which would expire in 1942 was a major point of contention. The Eagle wrote, "With the proposed water franchise brought out in the open as the chief issue of the present municipal election campaign, Wichita voters today are engaged in widespread discussion of the issues." And on April 2, 1939, the Eagle headlines proclaimed, "Water Franchise Most Important Issue." Six men were on the ballot, down from 14 in the primary. Three were running together as a slate: Weaver, Cottman, and William L. Ainsworth. The other independent candidates were: Corn, Dotson, and Coleman. Attention was repeatedly drawn to Cottman and Weaver having earlier pushed for private meetings on the franchise, and to Corn, who had questioned the company when it first requested a new franchise.

The slate candidates had joined together after a meeting with Richard Black, an influential Wichita businessman. Much publicity, both in political advertisements and in numerous editorials by the papers attacked the "Dick Black Slate." Trust became an issue since the candidates had been "picked by a small clique of politicians at a secret meeting." The Eagle condemned the slate stating "Black and other members of his clique have managed the campaign of the state candidates, and have spoken for them," while the other three "have conducted their campaigns as individuals, spoken for themselves, and are asking election solely on the basis of their own qualifications for the place." (Eagle, 4/2/39). Since two of the three slate members had pushed for private meetings and because all three were represented by businesses allegedly supporting the Water Company, the slate was linked to the company's position on the water franchise.

In spite of the slate's efforts to still the controversy by publishing statements on the water franchise and attempts at developing other issues of importance, the attention remained on the slate versus the independents. Advertisements in the papers claimed "The Wichita Water Company Has a Slate, the Dick Black Slate." (Eagle, 4/2/39). It is interesting to note that the controversy was over their support for a new 20-year franchise, which would eventually pass.

The day before the election on April 3, 1939, the Eagle headlines read, "What Wichita Will Pay for its Water During Next 20 Years is Only Issue in This Campaign." The article argued that with a 15 percent increase in rates as a result of the new supply, a fair and reasonable rate for water was crucial. And a guarantee for that could, only come from "men who have been nominated and elected by the voters at large" instead of "by the hand-picked slate-making caucus." It concluded with a stirring endorsement of the three independent candidates, who seemed to have been running as a team almost as much as the others. It read, "Election of the three independent candidates--Corn, Coleman and Dotson--tomorrow is the best way to safeguard future water bills. Otherwise there may follow 20 years of regret."

Apparently, the majority of the people agreed with that interpretation, as all the independents were elected to office. In the midst of all this controversy, the implementation of the soft water system continued.

On July 23, 1939, the city and the company discussed the company's role under the new system and its cost. Representatives from the American Waterworks Company at the meeting were E.A. Geehan, president, and George W. Biggs, general engineer, both from New York, C.H. Kelley, local manager, and Earle Evans, local attorney. Following a lengthy discussion, City Manager MacDonald submitted two important questions which the Water Company promised to answer soon. He said, 'The softer water is to be ready for distribution in ten months, or about June 1, 1940. This is a vital matter that should be given attention at once. The matter of city ownership of the water plant, if the city wants to own and operate it, is a question that does not require action for about three years," when the franchise would run out. (Beacon, 7/25/39).

The two questions that had to be faced immediately were: "On what terms and what price will the Wichita Water Company sell or grant a long term lease for a tract of ground of approximately seven acres on which to construct a city-owned water filtration plant?" and, "The cost of distributing the softer water which the city will furnish to the plant of the Wichita Water Company." Evans addressed these issues in a long speech to the commission. Reviewing its history, outlining the accomplishments in the city with the "300 miles of distributing mains,...205 fire hydrant (and) about 26,000 customers." (Beacon, 7/25/39). Much of his discussion concerned the new franchise the company wanted, as well as the expiration date of the old one on August 22, 1942. Evans said the company had no objection to reforming the option to buy, and would not insist on remaining with the December, 1917, valuation of $1,550,000 plus future investments, as the existing franchise provided. Overall, he pledged to cooperate with the city and meet its needs, including the management of the water supply if needed. He said, "...Generally speaking, this company is prepared to meet any requirements that the city or the citizens may desire that we consistently can meet. We have been here. We want to stay here. We have the equipment and are willing to do what we reasonably can to earn the right to continue." (Beacon, 7/25/39).

The meeting had been well publicized and was attended by a large number of citizens. E.J. Husten and H.J. Roetzel, president and former president of the Taxpayers Union, brought up city ownership of the water distribution system. They endorsed the idea that the city should own and operate the entire system itself. When the discussion started to stray to the long-debated topic of city versus private ownership, Commissioner Crawford tried to bring the issue back to the point, "It seems to me that the question at this time is the matter of how we are going to get this soft water supply into the city mains and what sort of an agreement we can reach on that matter. We have nearly three years yet before the expiration date of this franchise. I think that is not what we have to discuss now. That is a matter of arbitration. These problems must be worked out in detail." (Beacon, 7/25/39).

City Manager MacDonald and Mayor Coleman agreed with Crawford's comments. MacDonald added that he saw the matter as simply a proposition of the city turning the softer water supply over to the company which would pump and distribute it. Biggs supported him, saying, "The Water Company has a three million and a one million gallon reservoir, which provides a capacity of four million gallons. I believe that is sufficient for the present needs and for some time in the future." (Beacon, 7/25/39). Discussion continued on many of the vital issues such as the location of the filter plant, whether the land should be leased or bought from the company, and what additional costs would have to be considered. Although no action was taken, it was the first comprehensive discussion about the implementation of the new system, and certainly not the last.

While the work was nearing an end, plans had to be made for the system's management and operation. City Manager MacDonald announced to the City Commission on February 29, 1940, that approximately eight men would staff the new soft water plant, to be chosen on the basis of merit and fitness. The positions would include a manager, an assistant manager, an electrician, a bacteriologist, a groundskeeper, and three laborers, to perform supervisory and technical work in Halstead and at the filter plant.

Standard intelligence tests would be given to initiate the selection process, similar to police entrance exams, by Wichita University. Individuals with the highest marks would be interviewed and the City Commission would make the final decision. Dr. Hugo Wall of Wichita University agreed to assist in conducting the exams and in implementing the entire selection methods. The city manager explained, "The examinations are to be given by persons not directly connected with the