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NATCHEZ — Natchez Mayor Dan Gibson said Tuesday night the city and the contractor and subcontractor on the Canal and Homochitto streets paving project are “at a legal impasse” and asked Community Development Director James Johnston to immediately begin gathering estimates from companies who could complete the project.

Tuesday evening’s meeting of the Mayor and Board of Aldermen began with a closed session, referred to as an executive session, during which the mayor and aldermen meet in private.

Mississippi law allows government boards to meet in closed session to discuss only a few types of business, such as the sale of real estate, litigation, and personnel issues.

City Attorney Jack Lazarus said the closed session was to discuss possible litigation, presumably concerning the Canal and Homochitto streets projects, but that was not specified.

When the closed session, which lasted approximately 20 minutes, ended, Gibson read this statement:

“We have this statement to make tonight concerning the Homochitto and Canal Streets Repaving Project. The City of Natchez is currently at a legal impasse with the contractor, Theobald Construction, and its subcontractor, Central Asphalt, with regard to the quality of work, delayed performance, and other issues related to the purported agreement and potential breach thereof.

“While these issues are ongoing, our citizens continue to deal with several unsafe situations, including but not limited to: the intersection at Homochitto Street and South Dr. Martin Luther King Jr. Street remains unpaved since December; the intersection of Homochitto Street and Duncan Avenue remains unpaved since December; a portion of the north lane of Homochitto Street from Dunleith/Margaret Martin High School to Dr. Martin Luther King Jr. Street remains unpaved since December; various manhole covers on Homochitto Street and Canal Street remain unraised since December; and temporary striping of Homochitto Street is non-existent since December.

“For the safety of our citizens, the City of Natchez has determined that these situations must be addressed immediately in the public interest. Therefore, the chair requests a motion from the board to immediately seek estimates to address the issues previously mentioned as permitted under Mississippi law,” Gibson said.

Ward 3 Alderwoman Sarah Carter Smith made the requested motion, which was seconded by Ward 5 Alderman Ben Davis.

Gibson asked Johnston to proceed with gathering new estimates to complete the work post haste.

The paving project began going south just before Christmas 2024 when it was discovered that a batch of asphalt that the contractors had applied to Homochitto Street was not properly mixed and did not adhere to the streets.

In January, Gibson said the asphalt manufacturer, APAC, acknowledged the problem and agreed to make it right. At the same time, a number of issues were uncovered with the paving work on Canal Street, including rippling in the roadway and several areas of work that are not up to the city’s or MDOT’s standards.

Volkert Engineering inspected the work and prepared an 11-page report documenting issues and making recommendations to correct the project and bring it up to approved standards.

The city’s agenda for Tuesday night included an item to hire another engineering firm to conduct another study of the paving projects, but that did not happen as expected after the board’s closed session.

All aldermen were present Tuesday with the exception of Ward 1 Alderwoman Valencia Hall, who was out of town on business. City Clerk Meghan McKenzie was not present, and Deputy Clerk Denise Bell ran the clerk’s portion of the meeting.

In other business Tuesday, aldermen approved a change order for the New Beginnings/Old Washington Road/Vine Street Emergency Watershed Program, which increased the project’s cost by approximately $21,300. Engineer Hayden Kaiser of Jordan, Kaiser and Sessions explained that a pipe had been discovered that no one knew was there, and it had to be replaced/removed.

Aldermen also approved details involving the Delta Regional Authority grant to make routine repairs to the Silver Street Retaining Wall and a new roof on the Natchez City Auditorium, part of the 2022 Convention Center general obligation bond.

Carter Burns, executive director of the Historic Natchez Foundation, discussed with aldermen the opportunity to apply for a grant for up to $750,000 with no required match for improvements at Auburn through the Semiquincentennial Grants funded by the Historic Preservation Fund, part of the celebration of the country’s 250th birthday next year. That grant focuses on structures built before 1815 and part of the country’s early history.

Burns said Auburn, built in 1812, was designed by Levi Weeks. Weeks was accused of murder in a New York court, and Aaron Burr and Alexander Hamilton successfully defended Weeks on that charge.

Burns said, while the grant does not require a match, its chances of approval would be improved if the city offered a match of some kind.

Ward 3 Alderwoman Sarah Carter Smith moved to offer a $25,000 grant match and Ward 6 Alderman Curtis Moroney seconded the motion. Gibson explained the money would be budgeted in the city’s next fiscal year budget.

Tuesday’s meeting was unusually short by Gibson’s standards, lasting just over one hour.