Because "[i]t is an elementary principle that ordinances of a city are subordinate to charter provisions[,]" Appellees argue that the Memphis City Charter provides the act of equal or greater dignity necessary to perform the renaming in this case. Wilgus v. City of Murfreesboro, 532 S.W.2d 50, 52 (Tenn. Ct. App. 1975) (citing Barnes v. Ingram, 217 Tenn. 363, 397 S.W.2d 821 (1966)). In addition, Appellees argue that the holding in Morrell is inapposite to the case-at-bar because in Morrell, the city council was required at that time by state statute to initiate annexation by ordinance.
This was pointed out in the case of Marshall Bruce Co. v. City of Nashville, 109 Tenn. 495, 512, 71 S.W. 815, 819 (1903), wherein it was stated: "The provisions of the charter are mandatory, and must be obeyed by the city and its agents; and, if in conflict with an ordinance, the charter must prevail." See also Barnes v. Ingram, 217 Tenn. 363, 397 S.W.2d 821 (1965). In the more recent case of Wilgus v. The City of Murfreesboro, 532 S.W.2d 50 (Tenn. App. 1975), the Chancery Court for Rutherford County declared a zoning ordinance of the City of Murfreesboro as violative of the city charter and thus void. Article III, ยง 5 of the charter of the City of Murfreesboro provided with respect to zoning ordinances that "[n]otice of the adoption of such amendment, supplement or change in the ordinance shall be given by publishing such notice three (3) times in some daily or weekly newspaper of general circulation in the city."
Marshall & Bruce Co. v. City of Nashville , 109 Tenn. 495, 71 S.W. 815, 819 (1903) (emphasis added). See alsoBarnes v. Ingram , 217 Tenn. 363, 397 S.W.2d 821, 825 (1965) (same); State ex rel. Lewis v. Bowman , 814 S.W.2d 369, 373 (Tenn. Ct. App. 1991) ("It has long been the law in this state, as in many other states, that ordinances of a city are subordinate to the charter provisions."). As described in detail above, Ordinance 11590 amended the City Charter to require only two readings to pass an ordinance, and expressly repealed all laws or parts of laws in conflict with this provision.
1988)). Furthermore, "'[t]he provisions of the charter are mandatory, and must be obeyed by the city and its agents . . . .'" Allmand, 292 S.W.3d at 625 (quoting Barnes v. Ingram, 397 S.W.2d 821, 825 (Tenn. 1965) (in turn quoting Marshall & Bruce Co. v. City of Nashville, 71 S.W. 815, 819 (Tenn. 1903))).