Addressing Legal Issues in Municipal/Private Cooperative Ventures

by Stephen O. Schultz, Foster, Swift, Collins & Coey, Lansing, MI, USA,
Douglas E. Keats, Foster, Swift, Collins & Coey, Lansing, MI, USA,



Document Type: Proceeding Paper

Part of: Waterpower '85

Abstract:

The authors were directly involved in negotiating the first contract between a public body and a private developer for the rehabilitation and operation of a hydroelectric project in the State of Michigan. The project was located at the Fallasburg Dam and powerhouse at the Flat River near Grand Rapids, Michigan. The entire site was owned by Kent County, Michigan prior to the cooperative venture. This paper addresses some of the legal/technical issues that were encountered and solved in reaching this unique arrangement. A critical factor that led to a successful venture was a recognition by the developer, STS Consultants Ltd. and their Counsel that early, direct involvement by legal counsel might actually be counter-productive.

Subject Headings: Legal affairs | Local government | Hydro power | Power plants | Contracts and subcontracts | Rehabilitation | Project management | Michigan | United States

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