Mercer Crossing median maintenance transfer approved

Farmers Branch City Council voted 4-1 Tuesday to approve an agreement transferring maintenance responsibility of medians in the Mercer Crossing development from the homeowners association (HOA) to the city.

Resolution 2025-023 authorizes the city manager to execute an amended and restated landscape maintenance agreement with the Mercer Crossing North Master Property Owners Association. The agreement transitions maintenance responsibility for 15 medians located on city-owned right-of-way to the city.

The decision comes after approximately two years of discussions between city officials, residents and Essex Management, which manages the HOA. Parks and Recreation Director Robert Diaz presented the final agreement to the council, noting discussions began last spring, with funding made available in October 2024.

"We started working with our city attorney and Essex Management in November," Diaz said. If approved, "we would move forward with taking over the medians, and in turn, Essex would move toward getting the improvements completed that they outlined in the agreement."

According to presentation materials, the city began discussions with Essex Management in spring 2024. The City Council requested funding for median maintenance in the FY25 budget during summer 2024, with funds becoming available in October 2024. In February 2025, Essex Management and their landscape contractor determined the scope of updates needed.

The agreement includes a timeline for implementation. Diaz explained that following council approval, the HOA would begin landscape improvements to Mercer Parkway and Wittington Way medians, while the city would start regular maintenance activities. The HOA improvements are expected to be completed by May or June.

First-year costs to the city total approximately $255,300, including $180,300 for staff costs (three budgeted positions including benefits), $30,000 for water costs and $45,000 for miscellaneous supplies. The HOA will provide funds for a city maintenance vehicle and trailer and will spend approximately $168,000 on landscape improvements to the medians.

Ongoing annual costs to the city are estimated at $236,500, with potential increases for personnel and water costs, though supply costs could decrease following the HOA's landscape improvements.

During public discussion, Councilmember Richard Jackson opposed the measure, arguing that it shifts costs from Mercer Crossing residents to all city taxpayers. "These homeowners bought eyes wide open with an HOA agreement," Jackson said. "For the city to intervene into a private contract between homeowners and their homeowners association... I believe [it] is not in Farmers Branch taxpayers' interest."

Councilmember Omar Roman countered that the medians are accessible to the general public. "There's no fence around these medians, there's nothing prohibiting entry of the public to these medians," Roman said. "They're accessible by people who live at The Brickyard, in The Canal... every apartment complex on the south end."

Roman added that 75-80 percent of the HOA budget was dedicated to median maintenance. "This really is the primary function of this HOA — to maintain medians that are accessible to anybody and everybody in the public."

Councilmember David Reid, who lives in Mercer Crossing, noted increased public usage of the roads since the development was built. "The public usage of these roads has increased and will continue to increase by folks other than Mercer Crossing," Reid said. "I feel it's appropriate for the city to take on maintenance of the medians, because it is no longer just Mercer Crossing medians."

Michael Morgan, representing Essex Management, indicated that following execution of the agreement, the HOA would communicate the change to residents by Friday, April 4. He also said that the HOA would assess potential rebates to homeowners after completion of the landscape improvements and would determine 2026 HOA fees around October or November.

Morgan noted that Mercer Crossing homeowners currently pay $300 annually to the HOA. As commercial lots develop, the HOA intends to eventually de-annex Mercer Crossing West homeowners from the Property Owners Association, potentially eliminating their annual fees.

The resolution passed 4-1 with Councilmembers Roman, Reid and Bennett voting in favor, and Councilmember Jackson opposed.