If the Tennessee Historical Commission denies the city's request to remove Memphis' Confederate statues, Memphis may remove the statues anyway, City Council members said Tuesday.

The 12 council members present Tuesday agreed to sponsor an ordinance to remove statues of Confederate Gen. Nathan Bedford Forrest from Health Science Park and of President Jefferson Davis from Memphis Park after Oct. 13, the date of the commission's next meeting. A final vote on the ordinance is scheduled for Oct. 3.

Before enforcing the ordinance, Mayor Jim Strickland would need to decide whether the city can legally remove the statues without the permission of the commission, said City Attorney Bruce McMullen.

"The administration has been consistent: We want to go through the process," McMullen said of seeking a commission waiver for removing the statues. "We think that's the cleanest legal way to do it."

The council's action was celebrated by activists, who have called in a series of rallies since Charlottesville for the immediate removal of the statues. The Forrest statue sits on top of the graves of Forrest and his wife, which would be moved back to their original resting place in Elmwood Cemetery per a 2015 council vote.

Council attorney Allan Wade advised council members that the city could successfully argue the statues prevent African-Americans from reasonably accessing the public parks, which would cross a Supreme Court of the United States decision requiring equal access to parks, regardless of race. McMullen said that's a "valid argument, but not the only argument."

The city is still waiting to hear whether its waiver request will be added to the commission's October agenda. And if it does, the commission could still "do the right thing" by granting the city's waiver, Wade said.

"If they don't, this ordinance says, 'Unleash the dogs,'" he said.

The commission's membership includes supporters of the Sons of Confederate Veterans organization, which has opposed the city's waiver application. The commission voted in 2016 to deny the city's request for a waiver, although the vote was later overturned on a technicality. However, this go-round, the city has the backing of Gov. Bill Haslam, who appoints commissioners and is a non-voting member of the commission.

The committee vote followed a report from the Memphis Police Department showing the city spent $16,530 in overtime as it monitored four rallies Aug. 15-28. MPD also spent an additional $8,795 in regular pay for details at the parks during that time, bringing the city's total cost to patrol the parks to more than $25,000, MPD Deputy Chief Don Crowe said.

The city also spent another $38,500 patrolling a rally at a candlelit vigil at Elvis' home Graceland.

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Activists have criticized Mayor Jim Strickland's administration for "protecting" the statues, although Crowe and MPD Deputy Director Mike Ryall emphasized their goal was to protect citizens.

"Our stance is for the protection of life and people and allowing them to enjoy the park safely," Ryall said.

Ryall pointed to Ferguson and Charlottesville as examples of "how fast things can mushroom."

Several council members spoke in support of MPD's policy of patrolling the parks, which Crowe said is re-evaluated every week.

"Anytime there's a group that's gathered, there's another group out there that may want to do them harm," said Worth Morgan, council member and committee chairman.

Reach Ryan Poe at poe@commercialappeal.com and on Twitter at @ryanpoe.