---
title: HB 1556. Nicholls, City of; provide new charter
collection: bills
id: 2025-2026/hb1556
cite_as: HB 1556, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb1556
md_url: https://georgiacommons.org/bills/2025-2026/hb1556.md
text_url: https://georgiacommons.org/bills/2025-2026/hb1556/text
source_url: https://www.legis.ga.gov/legislation/74102
date: 2026-05-12
status: passed
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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omitted: votes and history
omitted_chars: 898
omitted_url: https://georgiacommons.org/bills/2025-2026/hb1556.md?full=1
bill_number: HB 1556
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2026-05-12
last_action: Effective Date 2026-05-12
sponsors:
  - Angie O'Steen
text_version: Enrolled
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB1556/2025
upstream_id: 2134543
summaries_model: claude-sonnet-5
topic_tags:
  - city charter
  - local government
  - Nicholls Georgia
  - municipal court
  - city elections
---

# HB 1556. Nicholls, City of; provide new charter

## Text

House Bill 1556 (AS PASSED HOUSE AND SENATE)
By: Representative O’Steen of the 169th
A BILL TO BE ENTITLED
AN ACT
To provide a new charter for the City of Nicholls; to provide for incorporation, boundaries,
and powers of the city; to provide for the examples of powers; to provide for the governing
structure of such city and the powers, duties, authority, prohibitions, elections, terms,
removal from office, method of filling vacancies, compensation, expenses, and qualifications
of the city council; to provide for holding other offices and financial interests; to provide for
inquiries and investigations; to provide for organization and meeting procedures; to provide
for ordinances; to provide for eminent domain; to provide for the office and certain powers
and duties of the city manager; to provide for the office of mayor and certain duties and
powers relative to the office of mayor; to provide for a mayor pro tem; to provide for
administrative responsibilities; to provide for a city attorney, city clerk, and other personnel;
to provide for the establishment of a municipal court and the judge or judges thereof; to
provide for practices and procedures; to provide for taxation, permits, and fees; to provide
for service charges and assessments; to provide for bonded and other indebtedness; to
provide for accounting and budgeting; to provide for contracting and purchasing; to provide
for sale of city property; to provide for bonds for officers; to provide for pending matters; to
provide for definitions and construction; to provide for severability; to provide for related
matters; to repeal specific Acts; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE I
INCORPORATION AND POWERS
SECTION 1.10.
Reincorporation.
The City of Nicholls, and the inhabitants thereof, are reincorporated by the enactment of this
charter and are hereby constituted and declared a body politic and corporate under the name
and style of the City of Nicholls, Georgia, and by that name shall have perpetual succession.
SECTION 1.11.
Corporate boundaries.
(a) The corporate boundaries of this city shall be those existing on the effective date of the
adoption of this charter with such alterations as may be made from time to time in the
manner provided by law. The boundaries of this city at all times shall be shown on a map,
a written description, or any combination thereof, to be retained permanently in the office of
the city clerk and to be designated, as the case may be: "Official Map (or Description) of the
corporate limits of the City of Nicholls, Georgia." Photographic, typed, or other copies of
such map or description certified by the city clerk shall be admitted as evidence in all courts
and shall have the same force and effect as with the original map or description.
(b) All future alterations of said map or description, as directed by the council to reflect
lawful changes in the corporate boundaries, shall be signed by the mayor and city clerk. A
redrawn map or description shall supercede, for all purposes, the entire map or maps and
description or descriptions which it is designated to replace.
SECTION 1.12.
General powers and construction.
(a) This city shall have all powers possible for a municipality to have under the present or
future Constitution and laws of this state as fully and completely as though they were
specifically enumerated in this charter. This city shall have all the powers of
self-government not otherwise prohibited by this charter or by general law.
(b) The powers of this city shall be construed liberally in favor of the city. The specific
mention or failure to mention particular powers shall not be construed as limiting in any way
the powers of this city.
SECTION 1.13.
Examples of powers.
The corporate powers of the city shall include, but not be limited to, the following:
(1) Animal regulations - to regulate and license or to prohibit the keeping or running at
large of animals and fowl;
(2) Appropriations and expenditures - to make appropriations for the support of the
government of the city; to authorize the expenditure of money for any purposes
authorized by this charter and for any purpose for which a municipality is authorized by
the laws of the State of Georgia; and to provide for the payment of expenses of the city;
(3) Building regulation - to regulate and to license the erection and construction of
buildings and all other structures; to adopt building, housing, plumbing, fire safety,
electrical, gas, and heating and air conditioning codes; and to regulate all housing and
building trades;
(4) Business regulation - to regulate and to license the erection and construction of
buildings and structures, to adopt, building, housing, plumbing, fire safety, electrical, gas,
and heating and air codes; and to regulate housing and building trades;
(5) Business fees and taxation - to levy and provide for the regulatory fees and taxes on
privileges, occupation, trade and professions authorized by Title 48 of the O.C.G.A., to
permit and regulate the same and to revoke such permits after the process for failure to
comply with city taxes or fees;
(6) Condemnation - to condemn property inside or outside of the limits of the city for
present or future use or for any purposes deemed necessary by the governing authority
utilizing procedures enumerated in Title 22 of the O.C.G.A.;
(7) Contracts - to enter into agreements and contracts with other governmental entities
and private persons or firms and corporations;
(8) Emergencies - to establish procedures for determining or proclaiming that an
emergency situation exists within the city and carrying out all reasonable provisions
deemed necessary to deal with such an emergency for the protection, safety, health and
well-being of the citizens of the city;
(9) Fire regulations - to fix and establish fire limits and from time to time to extend,
enlarge, or restrict the same and to describe fire safety regulations not inconsistent with
Georgia law, relating to both fire prevention and firefighting;
(10) Garbage fees - to levy, fix, assess and collect a garbage, refuse, and trash collection
and disposal and other sanitary service charge, tax, or fee for such services as is necessary
in the operation of the city for all individuals or corporations residing in or doing business
within the city;
(11) General health, safety and welfare - to define, regulate and prohibit any act,
practice, conduct or use of property which is detrimental to the health, sanitation,
cleanliness, welfare, and safety of the inhabitants of the city; and to provide for the
enforcement of such standards;
(12) Gifts - to accept or refuse gifts, donations, bequests, or grants from any source for
any purposes related to the powers and duties of the city and the general welfare of its
citizens on such terms and conditions as a donor or grantor may impose;
(13) Health and sanitation - to prescribe standards of health and sanitation and to
provide for the enforcement of such standards;
(14) Motor vehicles - to regulate operation of motor vehicles and exercise control over
all traffic including parking upon and across streets, roads, alleys, and walkways of the
city;
(15) Municipal agencies and delegation of power - to create, alter or abolish departments,
boards, offices, commissions, and agencies of the city and to confer upon such agencies
the necessary and appropriate authority to carry out all powers conferred upon or
delegated to the same;
(16) Municipal debts - to appropriate and borrow money for the payment of the debts of
the city, and to issue bonds for the purpose of raising revenue to carry out a new project,
program, or adventure authorized by this charter or the laws of the State of Georgia; and
to obtain and to apply for grants for the purpose of this paragraph;
(17) Municipal property ownership - to acquire, dispose of, lease, or hold in trust or
otherwise any real, personal, or mixed property, in fee simple or lesser interest inside or
outside the limits of the city;
(18) Municipal utilities - to acquire, lease, construct, operate, maintain, sell and dispose
all public utilities including, but not limited to, waterworks, sewers, drains, sewage
disposal and stormwater management; to fix the taxes, charges, rates, fares, fees,
assessments, regulations and penalties; and to provide for the trial service for usual failure
to pay the same;
(19) Nuisance - to define a nuisance and to provide for its abatement whether it is on
public or private property;
(20) Penalties - to provide penalties for violation of any ordinance adopted pursuant to
the authority of this charter and the laws of the State of Georgia;
(21) Planning and zoning - to provide comprehensive city planning for any development
by zoning and to provide subdivision regulation and the like as the city council deems
necessary and reasonable to ensure a safe, healthy, and aesthetically pleasing community;
(22) Police and fire protection - to exercise the power of arrest through duly appointed
police officers and to establish, operate, or contract for a police and a firefighting agency;
(23) Public hazards - to provide for the destruction and removal of any building or other
structure which is or may become dangerous or detrimental to the public;
(24) Regulation of roadside areas - to prohibit or regulate and control the erection,
removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any
and all of the structures or obstructions upon or adjacent to the rights of way of the streets
and roads within the city and to prescribe penalties and punishment for violation of such
ordinances;
(25) Retirement - to provide and maintain a retirement plan or other employee benefit
plans and programs for officers and employees of the city;
(26) Roadways - to lay out, open, extend, widen, narrow, establish or change the grade
of, abandon or close, construct, pave, curb, or gutter, or otherwise improve, maintain,
repair, or clean all roadways, light, roads, alleys and walkways within the corporate limits
of the city;
(27) Solid waste disposal - to provide for the collection and disposal of garbage, rubbish,
and refuse; and to regulate the collection and disposal of garbage, rubbish, refuse by
others; and
(28) Other powers - to exercise and enjoy all other powers, functions, rights, privileges
and immunities necessary or desirable to promote or protect the safety, health, peace,
security, good order, comfort, convenience, or general welfare of the city and its
inhabitants; to exercise all implied powers necessary or desirable to carry out the
execution of all powers granted in this charter as fully and completely as if such powers
were fully stated herein; to exercise all powers now or in the future authorized to be
exercised by other municipal governments under other laws of the State of Georgia, and
no listing of particular powers in this charter shall be held to be exclusive of others, nor
are restrictive of general words and phrases granting powers, but shall be held to be in
addition to such powers unless expressly prohibited to municipalities under the
Constitution or laws of the State of Georgia.
SECTION 1.14.
Exercise of powers.
All powers, functions, rights, and privileges of this city and its officers, agencies, or
employees shall be carried into execution as provided by ordinance or as provided by
pertinent laws of the State of Georgia.
ARTICLE II
GOVERNMENT STRUCTURE
SECTION 2.10.
City council creation; number; and election.
The legislative authority of the government of the city, except as otherwise specifically
provided in this charter, shall be vested in a city council to be composed of five
councilmembers. The city council established shall in all respects be a successor to and
continuation of the governing authority under prior law. Councilmembers shall be elected
in the manner provided by general law and in this charter. Members of the city council shall
be elected by the voters of the city at large and the regular election of all five
councilmembers shall occur in the same year.
SECTION 2.11.
City council terms and qualifications for office.
The members of the city council shall serve terms of four years and until their respective
successors are elected and qualified. No person shall be eligible to serve as a councilmember
unless that person shall be a resident of the city for 12 months prior to the date of the election
of members of the city council and is registered and qualified to vote in municipal elections
of the city. Each councilmember shall continue to reside within the city during that member's
period of service and to be registered and qualified to vote in municipal elections of the city.
SECTION 2.12.
Vacancy; filling of vacancies.
(a) The office of a councilmember shall become vacant upon the incumbent's death,
resignation, forfeiture of office, or occurrence of any event specified by the Constitution of
the State of Georgia, Title 45 of the O.C.G.A., or such other applicable laws as are or may
be hereafter enacted.
(b) A vacancy in the office of a councilmember shall be filled for the remainder of the
unexpired term by appointment of the majority vote of the remaining city councilmembers
if there remain less than 12 months on the unexpired term. If such vacancy occurs 12 months
or more prior to the expiration of that term of office, it shall be filled for the remainder of the
unexpired term by a special election.
SECTION 2.13.
Compensation; expenses.
Councilmembers shall receive compensation and reimbursement for expenses for their
services as provided by city ordinance, as may be amended.
SECTION 2.14.
Holding of other office or voting when financially interested.
(a) Elected and official city officers are trustees and servants of the residents of the city, and
shall act in a fiduciary capacity for the benefit of such residents.
(b) Except as authorized by law, a councilmember shall not hold any other city office or city
employment during the time for which that person was elected.
(c) No member of the city council shall vote upon or sign any ordinance, resolution,
contract, other matter in which that person is financially interested.
SECTION 2.15.
Inquiries and investigations.
Following the adoption of an authorizing resolution, the city council may make inquiries and
investigations into the affairs of the city and the conduct of any department, office, or agency
thereof, and for this purpose may subpoena witnesses, administer oaths, take testimony, and
require the production of evidence. Any person who fails or refuses to obey a lawful order
issued in the exercise of these powers by the city council shall be punishable as provided by
ordinance.
SECTION 2.16.
General power and authority of the city council.
(a) Except as otherwise provided by law or this charter, the city council shall be vested with
all the powers of the government of this city.
(b) In addition to all powers conferred upon it by law, the city council shall have the
authority to adopt and provide for the execution of such ordinances, resolutions, rules, and
regulations, not inconsistent with this charter and the Constitution of the State of Georgia,
which it shall deem necessary, expedient, or helpful for the peace, good order, protection of
life and property, health, welfare, sanitation, comfort, convenience, prosperity, or well-being
of the inhabitants of the City of Nicholls and may enforce such ordinances by imposing
penalties for violation thereof.
SECTION 2.17.
Eminent domain.
The city council is hereby empowered to acquire, construct, operate, and maintain public
ways, parks, public grounds, cemeteries, public buildings, libraries, sewers, drains, sewage
treatment, waterworks, and any other public improvements inside the city, and to regulate
the use thereof for such purposes. Property may be condemned under procedures established
under the general laws of the State of Georgia applicable now or as provided in the future.
SECTION 2.18.
Meetings.
(a) The city council shall hold regularly scheduled meetings on the first Monday of each
month, unless that date conflicts with a holiday, then the meeting shall be held on the
following day.
(b) Special meetings of the city council may be held if called by the mayor or two members
of the city council. Notice of such special meetings shall be served on all members
personally, or by telephone personally, at least 48 hours in advance of the meeting. Such
notice to the councilmembers shall not be required if the mayor and all councilmembers are
present when the special meeting is called. Such notice of any special meeting may be
waived by a councilmember in writing before or after such meeting, and attendance at the
meeting shall also constitute a waiver of notice on any business transacted with such
councilmembers present. Only the business stated in the call may be transacted at the special
meeting.
(c) All meetings of the city council shall be public to the extent required by law and notice
to the public of where a special meeting shall be made fully as is reasonably possible and
provided by O.C.G.A. § 50-14-1 or such other applicable laws as are or may be hereafter
enacted.
SECTION 2.19.
Rules of procedure.
(a) The city council shall adopt its rules of procedure and order of business consistent with
the provisions of this charter, and shall provide for the keeping of a journal of its
proceedings, which shall be a public record.
(b) The mayor shall appoint all officers and committees of the city council and designate
committee chairs and such appointees shall serve at the pleasure of the mayor. The mayor
which shall have the power to appoint new members to any committee at any time.
SECTION 2.20.
Quorum; voting.
(a) Three councilmembers shall constitute a quorum and shall be authorized to transact
business of the city council. Voting on the adoption of ordinances shall be by voice vote, and
the vote shall be recorded in the journal; provided however, that any member of the city
council shall have the right to request a roll call vote and such vote shall be recorded in the
journal. Except as otherwise provided in this charter, the affirmative vote of the majority of
the councilmembers present at the meeting shall be required for the adoption of any
ordinance, resolution, or motion.
(b) No member of the city council shall abstain from voting on any matter properly brought
before the city council for official action, except when such councilmember has a conflict
of interest which is disclosed in writing, prior to or at the meeting, and made a part of the
minutes. Any member of the city council present and eligible to vote on the matter and
refusing to do so for any reason other than a properly disclosed and recorded conflict of
interest shall be deemed to have acquiesced or concurred with the members of the majority
who did vote on the question involved.
SECTION 2.21.
Ordinance forms; procedures.
(a) Every proposed ordinance should be introduced in writing and in the form required for
final adoption. No ordinance shall contain a subject which is not expressed in its title.
(b) An ordinance may be introduced by any councilmember and be read at a regular or
special meeting of the city council. Ordinances shall be considered and adopted or rejected
by the city council in accordance with the rules which it shall establish; provided, however,
that an ordinance shall not be adopted the same date it is introduced, except for emergency
ordinances provided in Section 2.23 of this charter. Upon introduction of any ordinance, the
city clerk shall, as soon as possible, distribute a copy to the mayor and each councilmember
and shall file a reasonable number of copies in the office of the city clerk and at such other
public places as the city council may designate.
SECTION 2.22.
Action requiring an ordinance.
Acts of the city council which have the force and effect of law shall be enacted by ordinance.
SECTION 2.23.
Emergencies.
(a) To address a public emergency affecting life, health, property or public peace, the city
council may convene on the call of the mayor or two councilmembers and promptly adopt
an emergency ordinance, but such ordinance may not levy taxes; grant, renew or extend a
franchise; regulate the rate charged by any public utility for its services; or authorize a
borrowing of money. An emergency ordinance shall be introduced in the form prescribed
for ordinances generally, except that it shall be plainly designated as an emergency ordinance
and shall contain, after the enacting clause, a declaration stating that an emergency exists and
shall describe the emergency in clear and specific terms. An emergency ordinance may be
adopted, with or without amendment, or rejected at the meeting in which it is introduced, but
the affirmative vote of at least a majority of the councilmembers present shall be required for
adoption. Such emergency ordinance shall become effective upon adoption or at such later
time as it may specify. Every emergency ordinance shall automatically stand repealed 30
days following the date upon which it was adopted, but this shall not prevent reenactment of
an ordinance in the manner specified in this section if the emergency still exists. An
emergency ordinance may also be repealed by adoption of a repealing ordinance in the same
manner specified in this section for the adoption of emergency ordinances.
(b) Such emergency meetings shall be open to the public to the extent required by law and
notice to the public of emergency meetings shall be made as fully as reasonably possible in
accordance with O.C.G.A. § 50-14-1 or such other applicable laws as are or may be hereafter
enacted.
SECTION 2.24.
City manager; appointment, qualifications, compensation.
The city council shall appoint a city manager for an indefinite term and shall fix the city
manager's compensation. The city manager shall be appointed solely on the basis of
executive and administrative qualifications. A master's degree with a concentration in public
administration, public affairs, or public policy and two years of experience in an appointed
managerial or administrative position in local government or a bachelor's degree with five
years of experience are the desired, but not required, qualifications for the person appointed
the city manager. The city manager may also be referred to as "the manager."
SECTION 2.25.
Removal of the city manager.
The city manager shall be an at-will employee and may be removed from office at any time
by majority vote of the city council. The city council shall review the performance of the
city manager on an annual basis.
SECTION 2.26.
Council interference with the administration.
Except for the purpose of inquiries and investigations under Section 2.15 of this charter, the
city council or councilmembers shall deal with the city officers and employees who are
subject to the direction and supervision of the city manager solely through the city manager,
and neither the city council nor any of its members shall give orders to any such officer or
employee, either publicly or privately.
SECTION 2.27.
Election of mayor; forfeiture; compensation.
The mayor shall be elected and serve a term of four years and until his or her successor is
elected and qualified. The mayor shall be a qualified elector of this city and shall have been
a resident of the city for 12 months prior to election. The mayor shall continue to reside in
the city during his or her period of service. The mayor shall forfeit his or her office on the
same grounds and on the same procedures as for councilmembers. The compensation for
the mayor shall be established in the same manner as for councilmembers.
SECTION 2.28.
Mayor pro tem.
By majority vote, the city council shall elect a councilmember to serve as mayor pro tem.
The mayor pro tem shall assume the duties and powers of the mayor during the mayor's
physical and mental disability, suspension from office, or absence. Any such disability or
absence shall be declared by a majority vote of the city council. The mayor pro tem shall be
authorized to carry out the powers and duties designated for the mayor. When acting as
mayor, the mayor pro tem shall continue to have one vote as a member of the city council.
SECTION 2.29.
Powers and duties of the mayor.
The mayor shall:
(1) Preside over all meetings of the city council;
(2) Be the head of the city for purpose for service of process and for ceremonial purposes
and to be the official spokesperson for the city and chief advocate of policy;
(3) Have the power to administer oaths;
(4) Sign as a matter of course, on behalf of the city all written and approved contracts,
ordinances, and other instruments executed by the city, which by law are required to be in
writing;
(5) Vote on matters before the city council in the event that there is a tie vote among the
voting councilmembers on any issue;
(6) In conjunction with the city manager, prepare and submit to the city council a
recommended annual operating budget and recommended capital budget; and
(7) Fulfill such other executive and administrative duties as the city council shall by
ordinance establish.
ARTICLE III
ADMINISTRATIVE AFFAIRS
SECTION 3.10.
Administrative and service departments.
(a) Except as otherwise provided in this charter, the city council, by ordinance, shall
prescribe the functions and duties, and establish, abolish, alter, consolidate or leave vacant
all nonelective offices, positions of employment, departments, and agencies of the city, as
necessary for the proper administration of the affairs and government of this city.
(b) On the effective date of this charter, there shall be the following departments of the city
government:
(1) Administration;
(2) Fire;
(3) Police;
(4) Roads; and
(5) Water and sewer.
(c) Except as otherwise provided by this charter or by law, the directors of departments of
the city shall be appointed by the city council solely on the basis of their respective
administrative and professional qualifications.
(d) All appointive officers and directors of departments shall receive such compensation as
set by ordinance or resolution.
(e) The director of each department or agency shall be its principal officer. Each director
shall, subject to the direction and supervision of the city manager, be responsible for the
administration and direction of the affairs and operations of that director's department or
agency.
(f) All appointed officers and directors shall be employees at-will and subject to suspension
at any time by the city manager and removal by the city council upon recommendation to the
city manager unless otherwise provided by law or ordinance.
(g) Each department director shall be subject to an annual review conducted by city council.
SECTION 3.11.
City attorney.
The city council shall appoint a city attorney and shall provide for the payment of such
attorney for services rendered to the city. The city attorney shall be responsible for providing
for the representation and defense of the city and all litigation in which the city is a party;
shall attend the meetings of the city council as directed; shall advise the city council, mayor,
and other officials and employees of the city concerning legal aspects of the city's affairs; and
shall perform such other duties as may be required by virtue of such person's position as city
attorney. The city attorney shall not be a public official of the city and is not required to take
an oath of office. The city attorney shall at all times be an independent contractor.
SECTION 3.12.
City clerk.
The city council shall appoint a city clerk who shall not be a councilmember. The city clerk
position shall be reviewed on an annual basis by the city council. The city clerk shall be the
custodian of the city seal in city records; maintain city council records required by this
charter; and perform such other duties as may be required by the city council. The city clerk
shall be responsible for the administrative department of the city supervising all personnel
working in offices located in city hall.
SECTION 3.13.
Position classification and pay plans.
The city manager shall be responsible for the preparation of position classification and pay
plans which shall be submitted to the city council for approval. Such plans shall apply to all
employees of the city and any of its agencies, departments, boards, commissions or
authorities. When a pay plan has been adopted, the city council shall not increase or decrease
the salary range in any position except by amendment of such pay plan. For the purposes of
this section, all elected and appointed city officials are not considered city employees. City
employees are subject to this pay plan.
SECTION 3.14.
Personnel Policies.
All employees of the city serve at-will and may be removed from office at any time, unless
otherwise provided by ordinance.
ARTICLE IV
MUNICIPAL COURT
SECTION 4.10.
Creation; name.
There shall be a court to be known as the Municipal Court of the City of Nicholls.
SECTION 4.11.
Chief judge; other judges.
(a) The municipal court shall be presided over by a chief judge and such part-time, full-time,
or stand-by judges as shall be provided by ordinance.
(b) No person shall be qualified or eligible to serve as a judge on the municipal court unless
that person shall have attained the age of 21 years and shall possess all qualifications
required by law. All judges shall be appointed by the city council and shall serve until a
successor is appointed and qualified.
(c) Compensation of the judges shall be fixed by ordinance.
(d) Judges shall serve a term and may be removed as provided by general law.
(e) Before assuming office, each judge shall take an oath, given by the mayor, that the judge
will honestly and faithfully discharge the duties of the office to the best of that person's
ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of
the city council.
SECTION 4.12.
Convening.
The municipal court shall be convened at regular intervals as provided by ordinance.
SECTION 4.13.
Jurisdiction; powers.
(a) The municipal court shall have jurisdiction and authority to try and punish violations of
this charter, all city ordinances, and such other violations as provided by law.
(b) The municipal court shall have authority to punish those in its presence for contempt,
provided that such punishment shall not exceed $200.00 or ten days in jail.
(c) The municipal court may fix punishment for offenses within its jurisdiction not
exceeding a fine of $1,000.00 or imprisonment for 12 months, or both. The municipal court
may also fix punishment by alternative sentencing now or hereinafter provided by law.
(d) The municipal court shall have authority to establish a schedule of fees to defray the cost
of operation.
(e) The municipal court shall have the authority to establish bail and recognizances to ensure
the presence of those charged with violations. Whenever any person shall give bail for that
person's appearance and shall fail to appear at the time fixed for trial, the bond may be
forfeited pursuant to provisions of Georgia law.
(f) The municipal court shall have the same authority as superior courts to compel the
production of evidence in the possession of any party; to enforce obedience to its orders,
judgments and sentences; and to administer such oaths as are necessary.
(g) The municipal court may compel the presence of all parties necessary to a proper
disposal of each case by the issuance of summonses, subpoenas, and warrants which may be
served as executed by any officer as authorized by this charter or by law.
(h) The judge of the municipal court shall be authorized to issue warrants for the arrest of
persons charged with offenses against any ordinance of the city, and the judge of the
municipal court shall have the same authority as a magistrate of the state to issue warrants
for offenses against state laws committed within the city.
SECTION 4.14.
Rules for court.
The judge shall have full power and authority to make reasonable rules and regulations
necessary and proper to secure the efficient and successful administration of the municipal
court.
SECTION 4.15.
Petitions for review.
The right to seek petitions for review from the decision and judgment of the municipal court
shall exist in all criminal cases and ordinance violation cases, and such petitions shall be
made to the Superior Court of Coffee County under the laws of the State of Georgia
regulating appeals to the superior courts.
ARTICLE V
ELECTIONS
SECTION 5.10.
Applicability of general law.
All primaries and elections shall be held and conducted in accordance with Chapter 2 of
Title 21 of the O.C.G.A, the "Georgia Election Code," as now or hereafter amended.
SECTION 5.11.
Election of the city council and mayor.
(a) There shall be a municipal general election quadrennially in certain odd-numbered years
on the Tuesday next following the first Monday in November.
(b) The mayor and councilmembers in office on the effective date of this charter shall serve
out the terms to which they were elected. The first election under this charter shall occur on
the Tuesday following the first Monday in November, 2029.
(c) The city council shall set and publish a qualifying fee for the offices of mayor and
councilmember, according to state law, of three percent of the total gross salary including all
supplements authorized by law.
SECTION 5.12.
Nonpartisan elections.
Political parties shall not conduct primaries for city offices and all names of candidates for
city offices shall be listed without party designations.
SECTION 5.13.
Elections by plurality.
(a) The person receiving a plurality votes cast for mayor at any election for mayor shall be
elected to the office of mayor.
(b) The five candidates receiving the most votes at a regular election for the city council
shall be elected to the offices of city councilmember.
SECTION 5.14.
Special election; vacancies.
In the event of the office of mayor or councilmember becoming vacant, the city council or
those remaining shall order a special election to fill the balance of the unexpired term of the
mayor or such councilmember; provided, however, that, if the vacancy occurs within 12
months of the expiration of the term of the city councilmember, the city council or those
remaining shall appoint a successor for the remainder of the unexpired term. Any special
election held shall be held and conducted in accordance with Chapter 2 of Title 21 of the
O.C.G.A, the "Georgia Election Code," as now or hereafter amended.
ARTICLE VI
FINANCE
SECTION 6.10.
Property tax.
The city council may assess, levy and collect an ad valorem tax on all real and personal
property within the corporate limits of the city that is subject to taxation by the state and
county. This tax is for the purpose of raising revenue to defray the costs of operating the city
government, of providing governmental services, for the repayment of principal and interest
on general obligations, and for any other public purpose which is determined by the city
council in its discretion.
SECTION 6.11.
Millage rate; due dates; payment methods.
The city council by ordinance shall establish a millage rate for the city property tax, a due
date, and the time period within which these taxes must be paid.
SECTION 6.12.
Occupation and business taxes.
The city council by ordinance shall have the power to levy such occupation or business taxes
as are not prohibited by law. The city council may classify businesses, occupations or
professions for the purpose of such taxation in any way which may be lawful and may
compel the payment of such taxes as provided by law or this charter.
SECTION 6.13.
Regulatory fees; permits.
The city council by ordinance shall have the power to require businesses or practitioners
doing business within the city to obtain a permit for such activity for the city and pay a
reasonable regulatory fee for such permit as provided by general law.
SECTION 6.14.
Service charges.
The city council by ordinance shall have the power to assess and collect fees, charges,
assessments, and totals for sewer, sanitary and health services, and any other services made
available within corporate limits of the city. If unpaid, such charges shall be collected as
provided in Section 6.17 of this charter.
SECTION 6.15.
Special assessments.
The city council by ordinance shall have the power to assess and collect the cost of
constructing, reconstructing, widening, or improving any public way, street, sidewalk,
curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property
owners. If unpaid, such charges shall be collected as provided in Section 6.17 of this charter.
SECTION 6.16.
Construction; other taxes and fees.
This city shall be empowered to levy any other tax or fee allowed now or hereafter by law,
and the specific mention of any right, power or authority in this article shall not be construed
as limiting in any way the general powers of this city to govern its local affairs.
SECTION 6.17.
Collection of delinquent taxes and fees.
The city council by ordinance may provide generally for the collections of delinquent taxes,
fees, or other revenue due to the city under Section 6.10 through 6.16 or through whatever
reasonable means not precluded by law. This shall include providing for the dates when the
taxes or fees are due; late penalties or interest; issuance and execution of fi. fa.'s; creation and
priority of liens; making delinquent taxes and fees and personal debts of the person required
to pay the taxes or fees imposed; revoking the city permits for failure to pay any city taxes
or fees; and providing for the assignment or transfer of tax executions.
SECTION 6.18.
General obligation bonds.
The city council shall have the power to issue bonds for the purpose of raising revenue to
carry out any project, program, or venture authorized under this charter or the laws of this
state. Such bonding authority shall be exercised in accordance with the laws governing bond
issuance by municipalities in effect at the time said issue is undertaken.
SECTION 6.19.
Revenue bonds.
Revenue bonds may be issued by the city council as state law now or hereafter provides.
Such bonds are to be paid out of any revenue produced by the project, program, or venture
for which they were issued.
SECTION 6.20.
Short-term loans.
The city may obtain short-term loans and must repay such loans not later than December 31
of each year, unless otherwise provided by law.
SECTION 6.21.
Lease-purchase contracts.
The city may enter into multiyear lease, purchase, or lease-purchase contracts for the
acquisition of goods, materials, real and personal property, services, and supplies provided
the contract terminates without further obligation on the part of the municipality at the close
of the calendar year in which it was executed and at the close of each succeeding calendar
year for which it may be renewed. Contracts must be executed in accordance with the
requirements of O.C.G.A. § 36-60-13, or other such applicable laws as are or may hereafter
be enacted.
SECTION 6.22.
Fiscal year.
The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the
budget year and the year for financial accounting and reporting of each and every office,
department, agency and activity of the city government unless otherwise provided by state
or federal law.
SECTION 6.23.
Preparation of budgets.
The city council shall provide procedures and requirements for the preparation and execution
of an annual operating budget, a capital improvement plan and a capital budget, including
requirements as to the scope, content and form of such budgets and plans.
SECTION 6.24.
Submission of operating budget to city council.
On or before a date fixed by the city council but not later than 90 days prior to the beginning
of each fiscal year, the city manager shall submit to the city council a proposed operating
budget for the ensuing fiscal year. The budget shall be accompanied by a message from the
city manager containing a statement of the general fiscal policies of the city, the important
features of the budget, explanations of major changes recommended for the next fiscal year,
a general summary of the budget, and such other pertinent comments and information. The
operating budget and the capital budget hereinafter provided for, the budget message, and
all supporting documents shall be filed in the office of the city clerk and shall be open to
public inspection.
SECTION 6.25.
Action by city council on budget.
(a) The city council may amend the operating budget proposed by the city manager; except,
that the budget as finally amended and adopted must provide for all expenditures required
by state law or by other provisions of this charter and for all debt service requirements for
the ensuing fiscal year, and the total appropriations from any fund shall not exceed the
estimated fund balance, reserves, and revenues.
(b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal
year not later than the 30 days prior to the end of the fiscal year. If the city council fails to
adopt the budget by this date, the amounts appropriated for operation for the current fiscal
year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all
items prorated accordingly until such time as the city council adopts a budget for the ensuing
fiscal year.
(c) The amount set out in the adopted operating budget for each organizational unit shall
constitute the annual appropriation for such, and no expenditure shall be made or
encumbrance created in excess of the otherwise unencumbered balance of the appropriations
or allotment thereof, to which it is chargeable.
SECTION 6.26.
Tax levies.
The city council shall levy by ordinance such taxes as are necessary. Taxes and tax rates set
by such ordinance shall be such that reasonable estimates of revenue from such levies shall
at least be sufficient, together with other anticipated revenues, fund balances and applicable
reserves, to equal the total amount appropriated for each of the several funds set forth in the
annual operating budget for defraying the expenses of the general government of the city.
SECTION 6.27.
Changes in appropriations.
The city council by ordinance may make changes in the appropriations contained in the
current operating budget, at any regular, special or emergency meeting called for such
purpose, but any additional appropriations may be made only from an existing unexpended
surplus.
SECTION 6.28.
Independent audit.
There shall be an annual independent audit of all city accounts, funds and financial
transactions by a certified public accountant selected by the city council. The audit shall be
conducted according to generally accepted auditing principles. Any audit of any funds by
the state or federal governments may be accepted as satisfying the requirements of this
charter. Copies of annual audit reports shall be available to the public, upon payment of such
costs as required by O.C.G.A. § 50-18-70, et seq.
SECTION 6.29.
Contracting procedures.
No contract with the city shall be binding on the city unless:
(1) It is in writing;
(2) It is drawn by or submitted to and reviewed by the city attorney, and as a matter of
course, is signed by the city attorney to indicate such drafting or review; and
(3) It is made or authorized by the city council and such approval is entered in the city
council minute book or journal of proceedings pursuant to Section 2.21.
SECTION 6.30.
Sale and lease of city property.
(a) The city council may sell, convey, lease, or grant easements and other rights in, or any
combination thereof, any real, personal, or mixed property, or any combination thereof,
owned or held by the city for governmental or other purposes as now or hereafter provided
by law.
(b) The city council may quitclaim any rights it may have in property not needed for public
purposes upon report by the city manager and adoption of a resolution, both finding that the
property is not needed for public or other purposes and that the interest of the city has no
readily ascertainable monetary value.
(c) Whenever in opening, extending or widening any street, alley or public place of the city,
a small parcel or tract of land is cut off or separated by such work from a larger tract or
boundary of land owned by the city, the city council may authorize the city manager to sell
or convey said cut off or separated parcel or tract of land to the abutting or adjoining property
owner or owners where such sale or conveyance facilitates the enjoyment of the highest and
best use of the abutting owner's property.
ARTICLE VII
GENERAL PROVISIONS
SECTION 7.10.
Bond for officers
The officers and employees of the city, both elected and appointed, shall execute surety and
fiduciary bonds in such amounts upon such terms and conditions as the city council shall
from time to time require by ordinance or as may be provided by law.
SECTION 7.11.
Prior ordinances.
All ordinances, resolutions, rules, and regulations now in force in the city not inconsistent
with this charter are hereby declared valid and of full effect and force until amended or
repealed by the city council.
SECTION 7.12.
Existing personnel and officers.
Except as specifically provided otherwise in this charter, all personnel and officers of the city
and their rights, privileges and powers shall continue until amended or repealed by the city
council.
SECTION 7.13.
Pending matters.
Except as specifically provided otherwise by this charter, all rights, claims, actions, orders,
contracts, and legal or administrative proceedings shall continue and any such ongoing work
or cases shall be completed by such city agencies, personnel, or offices as may be provided
by the city council.
SECTION 7.14.
Construction.
(a) Section captions in this charter are informative only and are not to be considered as a part
thereof.
(b) The word "shall" is mandatory and the word "may" is permissive.
(c) The singular shall include the plural, the masculine shall include the feminine, and vice
versa.
SECTION 7.15.
Severability.
If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be
held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect
or impair other parts of this charter unless it clearly appears that such other parts are wholly
and necessarily dependent upon the part held to be invalid or unconstitutional, it being the
legislative intent in enacting this charter that each article, section, subsection, paragraph,
sentence, or part thereof be enacted separately and independent of each other.
SECTION 7.16.
Repealer.
An Act to provide and establish a new charter for the Town of Nichols, in the County of
Coffee, approved August 16, 1920 (Ga. L. 1920, p. 1329), is hereby repealed in its entirety;
and all amendatory Acts thereto are likewise repealed in their entirety.
SECTION 7.17.
General repealer.
All laws and parts of laws in conflict with this charter are repealed.

## Summaries written by Georgia Commons

The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.

House Bill 1556 replaces the City of Nicholls' old 1920 charter with a completely new one, resetting the rules for the city council, mayor, city manager, courts, elections, and finances.

### Plain-language summary

Nicholls, a small city in Coffee County, has operated under a charter first adopted in 1920. This bill throws out that old charter and writes a new one covering nearly every part of city government: how the city is incorporated and its boundaries recorded, what powers it has, how the five-member city council and mayor are elected and how long they serve, how a city manager and city attorney are appointed, how the municipal court operates, and how the city taxes, budgets, and borrows money.
The new charter sets four-year terms for the mayor and council, requires a 12-month residency before running for office, and keeps elections nonpartisan. It creates or confirms departments for administration, fire, police, roads, and water and sewer, and sets municipal court fines up to $1,000 or 12 months in jail. The current mayor and council finish their existing terms, and the first election under the new charter will be held in November 2029. The bill formally repeals the city's 1920 charter and all its amendments.

### What it does

- Repeals the City of Nicholls' 1920 charter (Ga. L. 1920, p. 1329) and all later amendments, replacing it entirely with this new charter.
- Creates a five-member city council elected at large to four-year terms, along with a separately elected mayor serving a four-year term.
- Establishes the position of city manager, appointed by the council, to run day-to-day administration, and requires the council to work through the manager rather than city staff directly.
- Sets up the Municipal Court of the City of Nicholls with authority to fine offenders up to $1,000 or jail them up to 12 months, or both.
- Gives the city council power to levy property taxes, occupation taxes, service charges, and special assessments, and to issue general obligation and revenue bonds.
- Schedules the first election under the new charter for November 2029, with current officeholders finishing their present terms.

### Who it affects

Residents and voters of Nicholls, the mayor and city council members, city employees including the city manager, city attorney, and city clerk, department heads in administration, fire, police, roads, and water and sewer, and anyone who appears before the city's municipal court.

### Why it matters

The new charter changes how Nicholls is governed day to day: who can run for office and for how long, how the city manager and council share authority, what taxes and fees the city can charge, and how the municipal court can punish ordinance violations, replacing rules that had been in place since 1920.

### Key provisions

- Section 1.10-1.13 reincorporates the city, keeps its existing boundaries, and lists broad governmental powers including zoning, taxation, and utility operation.
- Section 2.10-2.11 sets up a five-member at-large city council with four-year terms and a 12-month residency requirement for candidates.
- Section 2.24-2.26 creates an at-will city manager position, appointed by the council, who directs city staff, with the council barred from giving orders directly to employees.
- Section 4.11-4.13 establishes the municipal court's judges and sets its maximum penalties at a $1,000 fine or 12 months in jail, or both.
- Section 5.11 sets the first election under the new charter for November 2029, with sitting officials completing their current terms.
- Section 6.10-6.19 authorizes property taxes, occupation taxes, service charges, special assessments, and general obligation and revenue bonds.
- Section 7.16 repeals the city's 1920 charter (Ga. L. 1920, p. 1329) and all amendatory acts to it in their entirety.

## Status

- Status: Passed (2026-05-12)
- Last action: Effective Date 2026-05-12 (2026-05-12)
- Sponsors: Angie O'Steen
- Official page: https://www.legis.ga.gov/legislation/74102

> The history, votes, and amendments (898 characters) are at https://georgiacommons.org/bills/2025-2026/hb1556.md?full=1