CC Resolution No. 7574
RFSOIIJTION NO. 7574
A RFSOIIJTION OF THE CITY OXJNCIL OF THE CITY OF aJPERl'INO
AOOPI'!NG FORM 13 OF AB1\G PIAN CDRroRATION
REJECI'ING A CIAIM FIIED BEYOND '1f!E SIX-IDN'IH STA'IUI'E OF LIMITATIONS
WHEREAS, on January 1, 1988 Government Code Section 911.2 was modified
to replace the 100-day requi.ren'ent for claim filin;J with a 6-month
requi.ren'ent for claim filin:.J; ani
WHEREAS, this necessitates a change in untimely rejection notices when
a claim is filed Þeyond the six-month statute of limitations ani is not
accampanied Þy an Application For Relief to File a late Claim; ani
WHEREAS, the AB1\G Plan COrporation requires the legislative I:>ody to
formally adopt or approve a fonu prior to its œin;J :iJ!1plemented;
NCM, THEREFORE, BE IT RESOLVED that the city Council of the city of
CUpertino hereÞy adopts Fonu 13 of AB1\G Plan COrporation rejectin:.J a claim
filed Þeyond the six-lTIOl'lth statute of limitations and not accampanied Þy
an application to file a late claim.
PlISSED AND AOOPl'ED at a regular meetin:.J of the City Council of the
City of CUpertino this --1.2tb day of August , 1988 Þy t.}¡e follOltl'in:.J
vote:
vote MemI:>ers of the Citv Council
AYES: Johnson, Koppel, Plungy, Rogers, Gatto
NOES: None
ABSENT: None
ABS~: None
APPÆ>VED:
/s/ John M. Gatto
Mayor, city of CUpertino
A'lTFSI' :
/s/ Dorothy Cornelius
city Clerk
Fcmn 13 :REJECl'ION lIS UNTIMELY/6 JoDS.
'10 BE TYPED ON CITY IElTERHFAD
!ll>.TE :
'10: NAME OF aAIMANl'
C/O aAIMANl"S ATroRNEY or
aAIMANl' I S PATmI'S, IF A MINOR
Use aà3ress on clabo :in:iicatin:.J aà3ress to ~ch notices
are to De sent. If such an aà3ress is not :in:iicated, uæ
cJ;d1MTIt's heme aà3ress.
RE: Clabo of (name of claimant)
Dear SirjMadam:
NOI'ICE IS HEREBY GIVEN that the clabo presented to the (NAME OF ENTITY)
ON (!ll>.TE OF suæISSION) is Þein:.J returned Þecause it was not presented
within six m:mths after the event or occurrence as required Þy law.
See Sections 901 arxi 911.2 of the California Govermnent Code. Because
the claim was not presented within the time allowed Þy law, no action
was taken on the claim.
Your only reooorse at this time is to a¡:ply withalt delay to the (name
of entity) for leave to present a late claim. See Sections 911.4 to
912.2, inclusive, ani Section 946.6 of the Govermnent Code. Urr::!er same
circumstances, leave to present a late claim will De granted. See
Section 911.6 of the Govermnent Code.
You may seek the advice of an attorney of your choice in connection
with this matter. If you desire to consult an attorney, you should do
so inunediately.
Very truly yours,
(NAME OF ENTITY)
(NAME OF PERSON AImIORIZED
'10 SEND REJECI'ION NOl'ICES)
ENCL: crAIM SUEMITl'ED
oc: ABI\G PIAN
00: Black & Bland, Inc.
File No.