[4/11/03]A failed retaining wall on Monroe Street that left mud and trees in the road could cost $110,000 to repair, and the adjacent property owners say the city should pick up the tab.

Attorney Blake Teller told Vicksburg’s mayor and two aldermen Thursday that the wall near Bloom Fountain that collapsed after heavy rains Sunday was on city right-of-way and was built to protect the road as well as hold the terrace and home at 901 Crawford St. in place.

He said the city has a responsibility to maintain the wall since it was built because of the road.

“Monroe Street was obviously carved out of an existing slope when they built the street and sidewalks,” Teller said. “What we would like to see happen is the city to go ahead and take care of its responsibilities and do the right thing.”

While Mayor Laurence Leyens indicated some support of Teller’s comments, other city officials said the city is not responsible for the wall. Records in the City Clerk’s Office going back to 1870, about the time the house was built, indicate the city has not maintained the wall, and City Attorney Nancy Thomas said that just because it was on the city right-of-way does not mean it is the city’s responsibility.

“We don’t maintain everything that is on the city’s right-of-way,” Thomas said. “It (the wall) clearly benefits the house.”

Teller, who represents property owner Jimmie McGuffie, said it is similar to the situation with St. Paul Catholic Church where, after the church sued the city 10 years ago, the city built a retaining wall to keep the church from collapsing onto city property.

Thomas said the situation with the property on Crawford Street is different because a retaining wall isn’t necessary to secure the structure. She said the city could slope the land, but that would not be what the property owner wants.

Erosion, however, could threaten the residence at 901 Crawford. “My house could end up in your street,” McGuffie said.

The house on the lot was built by Jefferson Davis’ niece and husband and is on the National Register of Historic Places. It also once served as the headquarters to the U.S. Army Corps of Engineers.

“I guess I’d like to hear from the community and how they feel we should handle this historic structure,” Leyens said. “My personal opinion is that it is the city’s responsibility, but they (aldermen) don’t agree, and I need to find out why.”

The city board took no action, and Thomas suggested that the property owner look at moving forward with work because “government moves slow.”