Any
city or town council upon request of the board of park
commissioners, shall have authority to designate such streets as
they may see fit as parkways, park drives, and boulevards, and to
transfer all care, maintenance and improvement of the surface
thereof to the board of park commissioners, or to such authority
of such city or town as may have the care and management of the
parks, parkways, boulevards and park drives of the city.
Any city or town may acquire, either by gift, purchase or
the right of eminent domain, the right to limit the class,
character and extent of traffic that may be carried on such
parkways, park drives and boulevards, and to prescribe that the
improvement of the surface thereof shall be made wholly in
accordance with plans of such board of park commissioners, but
that the setting over of all such streets for such purposes shall
not in any wise limit the right and authority of the city council
to construct underneath the surface thereof any and all public
utilities nor to deprive the council of the right to levy
assessments for special benefits. In the construction of any
such utilities, any damages done to the surface of such parkways,
park drives or boulevards shall not be borne by any park funds of
such city or town.
[1965 c 7 § 35.21.190. Prior: 1911 c 98 § 57; RRS § 9410.]