Petitioner bears the burden of proof. Rule 217(c)(2)(A). Our
decision is based upon the stipulated administrative record,
which is incorporated herein by this reference, and additional
evidence received pursuant to an Order of this Court. Rule
217(a).2
Petitioner is the City of Columbus, Ohio (City). On
December 20, 1993, the City Council of Columbus adopted an
ordinance authorizing the issuance of bonds in a principal amount
not to exceed $28 million. In its ruling request, petitioner
anticipated the actual amount of the proposed bonds would be
$27,300,000. Having retired $600,000 in principal amount of its
1994 bond anticipation notes (see infra p. 8), petitioner now
anticipates the actual amount of the proposed bonds will be
$26,700,000.
Petitioner is a home rule municipal corporation and
political subdivision of the State of Ohio (State). Before 1967,
the City maintained two pension funds for its police officers and
firefighters (collectively referred to hereinafter as the City
Fund).
In 1965, a State law was enacted creating the Police and
Firemen's Disability and Pension Fund (the State Fund), a
Respondent objects to what she describes as petitioner's
attempt to admit additional material into evidence, by way of
Appendices A and B to petitioner's opening brief. Appendix A
contains an amortization of the City Obligation based on an
exhibit in the stipulated record and is thus not new evidence.
Appendix B, however, is an amortization schedule of the proposed
bonds and is new evidence as to which we sustain respondent's
objection.
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