The president of a group representing residents of Whitmann told the Surprise City Council on Tuesday, October 6, that the group is invoking a state incorporation law. He said the group will petition Maricopa County to incorporate Whitmann as its own town after 120 days.
Jeffrey August, president of Keep Us Rural LLC, spoke during the call to the public, the part of a council meeting set aside for residents to speak on items that are not on the agenda.
"This is your notice that we are invoking ARS 9-101.01 B2 with an effective date of September 30th," August said, according to the city's meeting transcript. "At the end of 120 days we will formally file a petition with Maricopa County to incorporate Whitmann."
What the law says
ARS 9-101.01 is the section of Arizona law that governs incorporating a new city or town close to an existing one. It declares all territory within six miles of an incorporated city or town of 5,000 or more people to be an "urbanized area." Surprise had 143,148 residents in the 2020 census.
Inside an urbanized area, the law says, the county board of supervisors "does not have jurisdiction to take any action" on a petition to incorporate unless the petitioners first give the board one of two documents. They must do so before they gather signatures.
The first, under subsection (B)(1), is a resolution adopted by the existing city "approving the proposed incorporation." That is the resolution August has asked the Surprise council for.
The second, under subsection (B)(2), the provision August cited, is an affidavit. It must state "that a proper and legal petition has been presented to the city or town causing the urbanized area to exist requesting annexation of the area proposed for incorporation and the petition has not been approved by a valid ordinance of annexation within one hundred twenty days after its presentation."
The 120 days in the law, then, run from the day residents present the city with a petition asking to be annexed. The law does not describe a notice from residents as starting the period. If the city does not adopt an annexation ordinance in that time, the residents can swear to that in an affidavit to the county, and the law says the board "shall take action on the petition" to incorporate.
August did not use the word annexation in the recorded remarks. He called what he took to the city clerk "this formal filing packet." The Surprise Standard has not seen it and cannot say whether it contains a petition requesting annexation.
The law has one exception, in subsection (D), for a proposed town of 15,000 or more people whose population is larger than that of the city opposing it. In that case the county acts without the city's resolution.
If a petition was presented on September 30, the date August gave, 120 days after that would be January 28, 2027, by The Surprise Standard's calculation. August did not give an end date in the recorded remarks. The law does not say how the days are counted.
The September 30 filing attempt
August said that on September 30 he "came to Surprise and attempted to file this formal filing packet with the city clerk and was denied."
He said he then emailed the packet to the city manager and assistant city manager, and to the county Board of Supervisors.
The Surprise Standard has not seen the packet. Nothing in the record available to The Surprise Standard documents the attempted filing or the city's reason for not accepting it.
"The residents of Whitmann considers the lack of action from Surprise a vote of no," August told the council. "Not making a decision is making a decision."
Months of requests
August told the council the group has been "requesting a resolution to incorporate since march 30 of 2026." He said it has given the city a plan and a budget and has "adjusted the plan and budget to satisfy the city of surprise concerns."
He has made similar requests at earlier meetings. On August 4, he told the council, "currently we have absolutely no voice in government we are within your planning area but we want our voice."
On September 1, he asked for "this council's support in adding a resolution conversation and vote to the next available council meeting."
At the same meeting, Leif Nygaard who identified as a Whitmann resident asked the council to place "a formal discussion and a vote regarding the proposed incorporation of whitmann" on the October agenda. Nygaard also read aloud what the speaker described as a direct quote from an unnamed council member: "I don't think they have the firm grasp of what municipal finances look like."
At the September 15 meeting, Lori Hendershot said, "we like the rural life the dark skies and stars." The speaker said many winter residents in Whitmann are not registered voters there and cannot vote on incorporation.
Later in that meeting, Sharon Acritelli said that keeping Whitmann rural means "an r1 status that's one home per acre."
Council member asks for a work session
Later in the October 6 meeting, a council member Judd asked for a work session "probably in november" to discuss Whitmann. The he said the session would cover "what annexation would look like the fact that they would have to agree to get annexed and what the purpose of that overlay is and how much input they had." The council member identified the overlay as part of "the general plan 2045."
Council member Haney seconded the request and asked to clarify that the session would be "purely informational," and "not surprise taking a step to try to annex whitmann." In reply, council member Judd said, "i have no interest in annexing whitmann ever."
Annexation is the question subsection (B)(2) turns on. Under it, the city's not annexing an area within 120 days of a petition is what lets residents take an incorporation petition to the county.