Main Street business owner asks Smith County to fix sidewalk that funnels stormwater

Tommy Ballinger, who said he has worked on Main Street for 30 years, asked the council to identify the contractor responsible for a city sidewalk he says funnels storm runoff onto his property and damaged the sidewalk in front of his business.

Ballinger told the council his insurer denied his claim and directed him to the contractor who installed the sidewalk. A speaker noted a contractor name (Jaybird Mayberry) but also said that person is deceased; council members said records retention limits may make finding the original contract difficult.

Ballinger said a private pour on his side would cost about $2,000 and expressed concern that even after he repairs his side the city's grading would leave a hump causing water to pool and potential liability. Council members and staff said they would investigate the issue, review available records and video evidence, and follow up with the business owner.

Ballinger asked that the city place the sidewalk matter on the planning committee agenda for next week if needed. A motion later in the meeting to add the sidewalk discussion to the council agenda failed on a roll call.

What stayed unresolved: The hearing produced no immediate repair or commitment of funds; the council instructed staff to investigate records and potential liability. The motion to take the issue up immediately failed, leaving the matter pending further staff follow-up.

Representative quotes: "The claim was denied ... they would be responsible for the sidewalk at my business that was caused by the storm runoff that's funneled into my property." — Tommy Ballinger

"We'll continue to visit them." — Unidentified council member (on follow-up to the complaint)

Next steps: Staff to search contractor records and inspect the site; the planner/committee may address the matter pending staff findings.